j$pE«erl 
U  B 

373  (3-1571) 

M9 
1912. 

LAWS  OF  THE  UNITED  STATES 


GOVERNING  THE  GRANTING  OF 


ARMY  AND  NAVY  PENSIONS 


TOGETHER  WITH  THE 


REGULATIONS  RELATING  THERETO 


COMPILED  UNDER  THE  DIRECTION  OF  THE  COMMISSIONER  OF 

PENSIONS   AND   PUBLISHED   IN   ACCORDANCE   WITH  THE 

PROVISIONS  OF  SECTION  4748,  REVISED  STATUTES 


JAMES    L.   DAVENPORT,  Commissioner  of  Pensions 
UC-NRLF 


7? 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1912 


(3-1571) 


LAWS  OF  THE  UNITED  STATES 


GOVERNING  THE  GRANTING  OF 


ARMY  AND  NAVY  PENSIONS 


TOGETHER  WITH  THE 


REGULATIONS  RELATING  THERETO 


COMPILED  UNDER  THE  DIRECTION  OF  THE  COMMISSIONER  OF 

PENSIONS  AND  PUBLISHED  IN  ACCORDANCE  WITH  THE 

PROVISIONS  OF  SECTION  4748,  REVISED  STATUTES 


JAMES    L.   DAVENPORT,  Commissioner  of  Pensions 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1812 


373 


AUTHORITY  FOR  PUBLICATION. 

SEC.  4748.  That  the  Commissioner  of  Pensions,  on  application  being  made  to 
him  in  person,  or  by  letter,  by  any  claimant  or  applicant  for  pension,  bounty- 
land,  or  other  allowance  required  by  law  to  be  adjusted  or  paid  by  the  Pension 
Office,  shall  furnish  such  person,  free  of  all  expense,  all  such  printed  instruc- 
tions and  forms  as  may  be  necessary  in  establishing  and  obtaining  said  claim ; 
and  on  the  issuing  of  a  certffieate  of  penek)ft  er]of  a  bounty-land  warrant,  he 
shall  forthwith  notify  the  claimant  or  applicant,  .and  also  the  agent  or  attorney 
in  the  case,  if  there  be  one,  ihat  -su£lj  oertifieate  ha$  been  issued,  or  allowance 
made,  and  the  date  and  'amount  .thereof,  i  : .  .  .'•'  .  ' 
ii 


CONTENTS. 


INDEX  TO  GENERAL  TITLES. 

Page. 

CHAP.  I.  Administrative   organization 1 

II.  Pensions  based  on  service  prior  to  March  4.  1861 13 

III.  Invalid  pensions  based  on  service  since  March  4, 1861 31 

IV.  Pensions  to  widows  and  dependent  relatives  based  on  service 

since  March  4,  1861 61 

V.  Navy  and  privateer  pension  fund 75 

VI.  Applications  and  attorneys 79 

VII.  Physical  examinations 109 

VIII.  Pension  agents  and  payment  of  pensions 113 

IX.  Miscellaneous  statutes  and  tables  of  rates _  133 

X.  Criminal  law  and  procedure 153 

XI.  Regulations  and  instructions  relating  to  pension  claims 183 

Index 207 

SERIAL  INDEX  OF  REVISED  STATUTES. 

Sec. 

169.  Departmental  employees,  appointment 1 

173.  Chief  clerks,  duties  of 3 

174.  Chief  clerks  to  administer  oaths 3 

178.  Vacancies  in  subordinate  offices 2 

179.  President's  discretionary  power  to  fill  vacancies 3 

183  (amended  by  act  Mar.  2, 1901,  and  act  Feb.  13, 1911).    Investigation 

of  misconduct,  etc.,  of  officer  or  agent  of  the  Government ;  oaths__  5 

184  (amended  by  act  July  25,  1882).    Subpoenas  to  witnesses 5 

185.  Witness  fees  in  official  investigations 6 

186.  Process  to  enforce  obedience  to  subpoena 6 

187.  Professional  assistance;  how  obtained 6 

190.  Prohibition  against  former  executive  department  employees 84 

224.  Loss  of  certificate  of  discharge,  duplicate  not  evidence  in  any  claim 

against  the  United  States 137 

437.  Department  of  the  Interior,  creation  of 1 

441.  Secretary  of  the  Interior,  jurisdiction  of 1 

470.  Commissioner  of  Pensions,  appointment  of,  salary 2 

471.  Commissioner  of  Pensions,  duties  of 

472.  Deputy  Commissioner  of  Pensions,  appointment,  etc 2 

474.  Clerks  to  investigate  attempts  at  fraud 4 

1044.  Statute  of  limitation 182 

1045.  Fleeing  from  justice. 182 

1656.  Widows'  and  minors'  half-pay  pensions 16 

1657.  Invalid  pensions  for  Florida  Indian  War 15 

1750.  Execution  of  pension  papers  before  consular  officer;  penalty  for 

perjury i 163 

ni 


jvi83565 


IV  CONTENTS. 

Sec.  Page. 

1757.  Form  of  oath  to  be  taken  by  officer 85 

1778.  Notaries  and  United  States  commissioners  may  administer  oaths__  82 

1781  (now  sec.  112,  Criminal  Code).     Member  of  Congress  taking  con- 

sideration for  procuring  offices 168 

1782  (now  sec.  113,  Criminal  Code).     Members  of  Congress  prohibited 

from  taking  compensation  in  claims;  penalty 168 

1784.  Presents,  etc.,  to  superiors  prohibited 

1980.  Conspiracy  to  prevent  accepting  or  holding  office;  civil  liability—  170 

1981.  Action  for  neglect  to  prevent  conspiracy 171 

2064.  Acknowledgments  before  Indian  agents 82 

2757.  Revenue  cutters  to  cooperate  with  Navy 33 

3478.  Claim  agents  to  take  oath,  etc 84 

3479.  Who  may  administer  oaths 85 

3490.  Civil  liability  of  person  making  false  claim 158 

3491.  Suits  against  such  persons 158 

3492.  District  attorney;  duty  of,  in  such  cases 158 

3493.  Rights  of  persons  prosecuting 159 

3494.  Limitation  of  suit 159 

3646  (amended  by  act  Feb.  23,  1909).    Issue  of  duplicate  checks 118 

3647  (amended  by  act  Feb.  23,  1909).     Duplicate  check,  when  officer  who 

issued  it  is  dead 118 

3679  (amended  by  act  Feb.  27,  1906).  Expenditure  in  excess  of  appro- 
priation forbidden  and  acceptance  of  voluntary  service  prohib- 
ited, except,  etc 176 

4692.  Pensions  for  disabilities  incurred  since  March  4,  1861 32 

4693.  Persons  entitled  to  pension  enumerated 32 

4694.  Limitation  in  case  of  disability  incurred  since  July  27,  1868 42 

4695.  Rate  prescribed  for  total  disability  in  accordance  with  rank 42 

4696.  Rank  when  disability  incurred  governs  rate 43 

4697.  Rates  of  pension  for  permanent  and  specific  disabilities  prior  to 

June  4,  1872 50 

4698.  Rates  of  pension  for  permanent  and  specific  disabilities  subsequent 

to  June  4,  1872 51 

4698£.  Increase  of  pension  for  nonspecific  disabilities  ;  commencement 57 

4699.  Divisible  rate  ($18)  ;  nonspecific  disabilities 57 

4700.  Line  of  duty 42 

4701.  Termination  of  service 145 

4702    (amended  by  act  Aug.  7,  1882).    Widows  and  minor  children,  when 

entitled 61 

4703.  Increase  to  widow  on  account  of  minor  child;  period  of  payment-  63 

4704.  Legitimacy  of  children 66 

4705.  Widows  of  colored  and  Indian  soldiers;  marriage;  legitimacy  of 

children 67 

4706.  Abandonment  by  widow  of  minor  child  or  children  forfeits  pension ; 

date  of  commencement  to  minor 67 

4707.  Dependent  relatives ;  succession  of  title ;  commencement ;  rate  and 

termination  of  pension 67 

4708.  Marriage,  effect  of,  in  the  case  of  a  widow,  dependent  mother,  or 

dependent  sister  pensioner 70 

4712.  Anterebellion  rates  to  be  varied  by  subsequent  laws 17 

4713.  Commencement  of  anterebellion  pensions 18 

4714.  Execution  of  declarations,  etc •. 80 

4715.  Two  pensions  not  allowable;  right  of  election 134 


CONTENTS.  V 

Sec.  Page. 

4716.  Disloyalty  bar  to  pension 135 

4719.  Pension  terminated  by  three  years'  failure  to  claim ;  restoration. __  131 

4720.  Rate,  commencement,  and  duration  of  pension  granted  by  special 

act  of  Congress;  authority  to  suspend  vested  in  Commissioner 

of  Pensions 134 

4721.  Execution  of  papers  in  Indian  claims 82 

4722.  Missouri  militia  ;  pensions  for  survivors,  their  widows  and  minors—  33 

4723.  Colored  soldiers,  "  slaves,"  given  pensionable  status 34 

4724.  Both  invalid  pension  and  pay  of  rank  not.  allowable,  unless,  etc___  136 
4725, 4726,  4727.  Half -pay  to  widows  and  children,  old  war ;  commence- 
ment    16, 17 

4728.  Navy,  invalid  pensions  prior  to  March  4,  1861 15 

4729.  Navy  widow  pensions  prior  to  March  4,  1861 15 

4730.  Mexican  War;  invalid  pensions 23 

4731.  Mexican  War ;  pensions  for  widows  and  children 24 

4732.  War  of  1812  and  various  Indian  wars,  pensions  for  widows  and 

minor  children 16 

4733.  Continuance  of  pension  to  certain  persons 137 

4734.  Pension  not  to  be  withheld,  etc 137 

4735.  Widow  not  to  draw  pension  over  same  period  as  husband 73 

4741.  Seamen  on  revenue  cutter  cooperating  with  Navy;  disabled,  status 

of 33 

4744  (amended  by  act  July  25,  1882).     Commissioner  of  Pensions  to  detail 

clerks  to  make  special  investigations  into  merits  of  claims,  etc 4 

4745  (amended  by  act  Feb.  28,  1883).     Pledge  or  transfer  of  pension 

void,  etc 175 

4746  (amended  by  act  July  7.  1898).     False  affidavits  and  post-dating 

vouchers ;    penalty 159 

4747.  Pension  not  liable  to  attachment,  etc 131 

4748.  Printed  forms  and  instructions  to  be  furnished  free  to  applicants 

and  claimants  for  pension 79 

4749.  Certain  soldiers  and  sailors  not  to  be  deemed  deserters 138 

4750.  Navy  pension  fund ;  trustee 75 

4751.  Navy  pension  fund;  certain  penalties  to  be  paid  into 75 

4752.  Navy  pension  fund;  prize  money  to  constitute 75 

4753.  Navy  pension  fund;  investment  of 76 

4754.  Rate  of  interest 76 

4755.  Navy  pensions  payable  from  fund 76 

4758.  Half-pay  pension  for  20  years'  service  in  Navy 76 

4757.  Pension  for  10  years'  service  in  Navy 77 

4758.  Privateer  pension  fund;  trustee 77 

4759.  Privateer  pension  fund,  how  derived 77 

4760.  Privateer  pension  fund;  to  be  paid  into  Treasury 78 

4761.  Disabled  privateersmen  placed  on  pension  list 78 

4762.  Commanding  officers  of  privateers  to  enter  names  of  wounded  or  dis- 

abled officers  and  seamen  in  journal 78 

4763.  Transcript  of  journals  to  be  transmitted  to  Secretary  of  the  Navy —  78 
4764    (amended  by  act  Mar.  3,  1891).    Pension  agents  to  send  quarterly 

voucher  to  each  pensioner,  etc 116 

4765.  Check  to  be  drawn  to  order  of  pensioner  upon  receipt  of  satisfactory 

voucher 117 

4766  (amended  by  act  Aug.  8,  1882,  and  act  Mar.  3,  1899).  Payment  of 

pension ;  to  be  made  only  to  persons  entitled,  except,  etc 119 


VI  CONTENTS. 

Sec.  Page. 

4767.  Vouchers,  blank  forms  of,  to  be  prepared  and  furnished  to  pension 

agents ;  notice 116 

4768.  Pension  certificate,  etc.,  to  be  forwarded  to  pension  agent 85 

4769.  Attorney  fees  to  be  paid  by  pension  agent 85 

4775.  Special  medical  examinations 110 

4776.  Medical  referee ;  examining  surgeons ;  appointment  of 109 

4777.  Civil  examining  surgeons,  appointment  of 109 

4778   (amended  by  act  Mar.  8,  1878).     Pension  agents,  appointment  and 

term  of  office 114 

4779.  Pension  agent's  bond 114 

4780.  Pension  agencies,  establishment  of 114 

4783   (amended  by  act  Feb.  10,  1891).     Embezzlement  of  pension  money 

by  guardian,  etc.,  penalty 178 

4785  (amended  by  act  July  4,  1884).    Fees  of  agents  and  attorneys 86, 173 

4786  (amended  by  act  July  4,  1884).    Articles  of  agreement,  agents  and 

attorneys 86 

4813  (amended  by  act  May  4,  1898).  Naval  Home  in  Philadelphia,  etc., 

payment  of  pensions  of  inmates,  etc 122 

4820.  Rights  of  pensioned  inmates  of  Soldiers'  Home,  Washington,  D.  C__  121 
4839.  Government  Hospital  for  the  Insane,  superintendent  and  disbursing 

officer,  duties  of 128 

4851.  Government  Hospital  for  the  Insane,  insane  persons  charged  with 

crime  to  be  admitted 156 

4855.  Delivery  of  insane  criminals  restored  to  sanity 156 

5390  (now  sec.  146,  Criminal  Code).  Misprision  of  felony 181 

5392  (now  sec.  125,  Criminal  Code).    Perjury 163 

5393  (now  sec.  126,  Criminal  Code).    Subornation  of  perjury 165 

5396.  Form  of  indictment  for  perjury 165 

5397.  Indictment  for  subornation  of  perjury 166 

5403   (now  sec.  128,  Criminal  Code).    Destroying,  etc.,  public  records 180 

5408   (now  sec.  129,  Criminal  Code).    Destroying,  etc.,  records  by  officer 

in  charge 180 

5414  (now  sec.  148,  Criminal  Code).  Forgery,  counterfeiting  United 

States  securities,  etc 162 

5418  (now  sec.  28,  Criminal  Code).  Forging  public  record,  etc 161 

5421  (now  sec.  29,  Criminal  Code).     Forging  deed,  power  of  attorney, 

etc 161 

5422  (now  sec.  30,  Criminal  Code).    Having  forged  papers  in  possession-  162 

5427  (now  sec.  332.  Criminal  Code).    Who  are  principals 181 

5431  (now  sec.  151,  Criminal  Code).     Passing,  etc.,  forged  securities,  etc., 

of  the  United  States 162 

5434  (now  sec.  154,  Criminal  Code).     Buying,  etc.,  forged  securities,  etc., 

of  the  United  States 162 

5435  (now  sec.  33,  Criminal  Code).     False  personation  of  persons  entitled 

to  pension 177 

5436  (now  sec.  34,  Criminal  Code).     False  demand  on  fraudulent  power 

of  attorney 177 

5438  (now  sec.  35,  Criminal  Code).  Making  or  presenting  false  claim__  157 
5440  (now  sec.  37,  Criminal  Code).  Conspiracy  to  defraud  the  United 

States 172 

5442  (now  sec.  70,  Criminal  Code).  False  certification  by  consular 

officer 160 

5449  (now  sec.  131,  Criminal  Code).  Bribery  of  judge,  officer  to  hear 

testimony,  etc 169 


CONTENTS.  VII 

Sec.  Page. 

5450  (now  sec.  Ill,  Criminal  Code).     Bribery  of  Members  of  Congress—  167 

5451  (now  sec.  39,  Criminal  Code).    Bribery  of  United  States  officer 166 

5454  (now  sec.  40,  Criminal  Code).     Unlawfully  taking  or  using  papers 

relating  to  claims ,. 179 

5456^(now  sec.  46,  Criminal  Code).  Larceny  of  personal  property  of  the 

United  States 179 

5479  (now  sec.  28,  Criminal  Code).  Forging  bond,  bid,  public  record,  etc_  161 

5481  (now  sec.  85,  Criminal  Code).  Extortion  by  United  States  officer..  180 
5483  (now  sec.  86,  Criminal  Code).  Receipting  for  larger  sums  than 

are  paid 178 

5485.  Illegal  attorney  fees 172 

5486  (amended  by  act  Feb.  10,  1891).     Embezzlement  of  pension  money—  178 

5487  (now  sec.  108,  Criminal  Code).     Pension  agent  taking  fee 175 

5491  (now   sec.   90,   Criminal   Code).     Failure   of  officer  to   render  ac- 
counts,  etc 178 

5495  (now  sec.  94,  Criminal  Code).    Prima  facie  evidence  of  embezzle- 

ment, etc 178 

5496  (now  sec.  95,  Criminal  Code).     Evidence  of  conversion 179 

5498  (now   sec.   109,   Criminal   Code).     Officer  not  to  be  interested  in 

claims  against  the  United  States— ~ 166 

5500  (now  sec.  110,  Criminal  Code).     Member  of  Congress,  etc.,  soliciting 

or  accepting  bribe 167 

5501  (now   sec.   117,   Criminal   Code).     United   States   officer  accepting 

bribe 169 

5502  (now  sec.  110,  Criminal  Code).     Forfeiture  of  office 167,169 

5518  (now  sec.  21,  Criminal  Code).     Conspiracy  to  prevent  accepting  or 

holding  office  under  the  United  States 170 

5533,5535  (now  sec.  333,  Criminal  Code).    Punishment  of  accessories—      181 

CHRONOLOGICAL  INDEX  OF  STATUTES  AT  LARGE. 

Act  March  16,  1802,  chapter  9.    Pensions  to  the  soldiers  of  the  military 

peace  establishment 13 

Act  April  24,  1816,  chapter  68.     Rates  in  invalid  pension  claims 14 

Resolution  May  29,  1830  (Pub  Res.  No.  7).  Report  to  be  made  to  Con- 
gress in  case  of  meritorious  claims  not  provided  for  by  existing  law —  135 

Act  August  3,  1861,  chapter  42.  Medical  cadets,  rank,  number,  and  quali- 
fications    34 

Act  March  25,  1862,  chapter  49.  Pensions,  etc.,  to  officers  and  men  in  the 

Department  of  the  West  or  the  Department  of  the  Missouri 38 

Act  March  3,  1863,  chapter  78.  Each  company  may  have  2  undercooks  for 

each  cook,  the  undercooks  to  be  of  African  descent 34 

Act  June  8,  1864,  chapter  115.  Relief  of  Second  Regiment,  Third  Brigade, 

Ohio  Volunteer  Militia 39 

Act  March  1,  1869,  chapter  59.  Relief  of  Bryson's  company,  Mounted 
Volunteers 40 

Act  July  14,  1870,  chapter  278.  Relief  of  Beaty's  company  of  Inde- 
pendent Scouts 40 

Act  May  21,  1872,  chapter  178.  Retention  of  discharge  papers,  etc.,  by 

attorney  or  agent 172 

Act  June  6,  1874,  chapter  219.     Special-act  pensions  equalized 134 

Act  June  18,  1874,  chapter  298.  Increase  of  pension  for  loss  of  sight  of 
both  eyes,  both  hands,  both  feet,  or  other  injuries  resulting  in  total 
helplessness 52 


VIII  CONTENTS. 

Page. 

Act  June  18,  1874,  chapter  299.  Loss  of  arm  at  or  above  elbow,  leg  at 
or  above  knee 

Act  March  3,  1875,  chapter  144,  now  sections  47  and  48,  Criminal  Code. 
Embezzlement,  stealing,  etc.,  public  property _  179,180 

Act  March  3,  1875,  chapter  253.     Pensions  for  widows,  minors,  and 
pendent  relatives  of  soldiers  murdered  at  Centralia,  Mo__  63 

Act  February  28,  1877,  chapter  73.  Loss  of  one  hand  and  one  foot,  or 
total  disability  in  the  same —  54 

Act  March  3,  1877,  chapter  120  (amended  by  act  Aug.  1,  1892).  Re- 
moving bar  to  pension  imposed  by  section  4716,  Revised  Statutes,  in 
cases  where  persons  in  rebellion  afterwards  enlisted  in  the  United 
States  Army 135 

Act  March  3,  1877,  chapter  121.  Equalizing  pensions  of  certain  officers 
of  the  Navy 43 

Act  March  8,  1878,  chapter  25  (amending  sec.  4778,  R.  S.).  Death  of 
pension  agent;  vacancy,  how  filled : 114 

Act  March  9,  1878,  chapter  27.  War  of  1812;  pensions  granted  on  ac- 
count of  service  in;  false  oath  deemed  perjury;  disloyalty  not  a 
bar,  etc 18,  164 

Act  June  17,  1878,  chapter  261.  Loss  of  both  hands  or  both  feet  or  the 
sight  of  both  eyes 53 

Act  June  18,  1878,  chapter  268.  Certain  Navy  officers  ranked  for  pen- 
sionable purposes 43 

Act  January  25,  1879,  chapter  23.    Pensions,  commencement  of ;  arrears. _        58 

Act  March  1,  1879,  chapter  124.  Pensioners  in  civil  service ;  bar  to  pay- 
ment of  pension  removed 147 

Act  March  3,  1879,  chapter  187.  Rate  of  arrears ;  commencement  of  pen- 
sion ;  limitation  as  to  date  of  filing  claim  for  pension ;  not  applicable 
to  insane  persons  or  minors 59 

Act  March  3,  1879,  chapter  198.    Amputation  of  leg  at  hip  joint 54 

Act  March  3,  1879,  chapter  200.    Loss  of  sight  of  both  eyes 53 

Act  May  17,  1879,  chapter  8  (amending  sec.  5440,  R.  S.,  now  sec.  37, 
Criminal  Code).  Conspiracy  to  commit  an  offense  against  the  United 
States,  etc. ;  all  liable  for  acts  of  one 172 

Act  June  21,  1879,  chapter  34.  Biennial  examinations  abolished;  au- 
thority granted  to  increase  or  reduce  pensions 110 

Act  June  9,  1888,  chapter  166.     Restoring  pensions  in  certain  cases 17 

Act  June  16,  1880,  chapter  236.  Rate  for  total  helplessness  increased 
in  certain  cases 52 

Act  February  26,  1881,  chapter  80.     Regulating  payment  of  pensions  to 
inmates  of  National  Home  for  Disabled  Volunteer  Soldiers 123 

Act  March  3,  1881,  chapter  162.  Pensions  to  wounded  or  disabled  volun- 
teers who  assisted  the  forces  of  the  United  States  in  Nez  Perc£  Indian 
war  in  Montana,  and  to  their  widows,  etc 39 

Act  July  25,  1882,  chapter  349 : 

SEC.  2   (amending  sec.  4744,  R.  S.).     Commissioner  of  Pensions  to 
detail  clerks  to  make  special  investigations  into  merits  of  pension 

claims,  etc 4 

SEC.  3  (amending  sec.  184,  R.  S.).     Subpoenas  to  witnesses 5 

SEC.   4.    Examining    surgeons,    appointment    of;     organization    of 

boards ;  fees 110 

SEC.  5.    Pension  under  special  act  not  to  be  in  addition   to  that 

allowed  by  general  law  unless  the  act  so  specifies 134 

, 


CONTENTS.  IX 

Page. 
Act  August  5,  1882,  chapter  389.     Duties  of  First  and  Second  Deputy 

Commissioners  of  Pensions 

Act  August  7,  1882,  chapter  433 : 

Pensions  due   inmates   of  National   Home  for  Disabled  Volunteer 

Soldiers  to  be  paid  to  treasurers 123 

Insane  persons  from   the   National   Home  for   Disabled  Volunteer 
Soldiers  to  be   admitted  into  the  Government  Hospital   for  the 

Insane  in  the  District  of  Columbia,  etc 126 

Insane  persons  charged  with  crime  admitted 157 

Act  August  7, 1882,  chapter  438  (amending  sec.  4702,  R.  S.)-     Widows  and 

minors,  when  entitled,  etc 61 

Act  August  8,  1882,  chapter  469  (amending  sec.  4766,  R.  S.)  : 

Payment  of  pension ;  to  be  made  only  to  person  entitled,  except,  etc. 

(See  also  act  Mar.  3,  1899) 119 

Inspection  of  pension  agencies,  etc 4, 119 

Act  February  28,  1883,  chapter  58  (amending  sec.  4745,  R.  S.).  Any 
pledge  or  transfer  of  pension  void,  and  the  pledge  or  receipt  of  the 

same  a  misdemeanor 175J 

Act  March  3,  1883,  chapter  91.  Increase  of  pension  for  loss  of  one  hand 
or  one  foot  or  equivalent  incapacity ;  and  loss  of  arm  at  or  above 

elbow  or  leg  at  or  above  knee;  total  incapacity  for  manual  labor 54  j 

Act  March  3,  1883,  chapter  130.  Pensioned  inmates  of  Soldiers'  Home, 
Washington,  D.  C.,  may  allot  portion  of  pension;  pension  of  inmates 

not  allotted  to  be  paid  to  treasurer  of  home 122 ; 

Joint  resolution  February  1,  1884  (Pub.  Res.  No.  4).  Detail  of  clerks 
from  the  Pension  Office  to  the  Pension  Committees  of  the  House  of 

Representatives 135 

Act  April  18,  1884,  chapter  26  (now  sec.  32,  Criminal  Code).     False  pre- 

sonation  of  Government  officer 177 

Act  July  4,  1884,  chapter  181.    Attorney  fees  in  pension  cases 86,91,173 

Act  March  3,  1885,  chapter  340 : 

Soundness  at  enlistment  presumed 60 

Pension  agents,  salaries  of 114 

Act  March  3,  1885,  chapter  352.     Increase  of  pension  for  loss  of  arm  at  ^ 

shoulder  joint 55 

Act  March  19,  1886,  chapter  22 :  ! 

Increase  in  rate  of  pension  to  certain  widows 62 

No  attorney  fee 62, 91 

Act  May  15,  1886,  chapter  327.  Missouri  Home  Guards;  discharge  cer- 
tificates to  be  issued  to  members  of 138 

Act  August  4,  1886,  chapter  899.     Increase  of  pension  for  loss  of  arm  or 

leg,  etc 55 

Act  January  3,  1887,  chapter  18.  Date  of  death  fixed  in  case  of  officers, 
etc.,  lost  in  the  wreck  of  the  steamer  Jeannette;  12  months'  pay 

granted  by  act  to  be  deducted  from  pension  given  to  widows,  etc 69 

Act  January  29,  1887,  chapter  70.     Mexican  War ;  pensions  to  survivors, 

widows,  etc.;  perjury 24,165 

Act  January  29,  1887,  chapter  74.  One  year's  pay  given  to  widows,  etc., 
of  those  lost  in  the  wreck  of  the  U.  S.  S.  Ashuelot  to  be  deducted  from 

any  pension  allowed 70 

Act  June  7,  1888,  chapter  369.  Commencement  of  widow's  pension  in 
claim  based  on  death  from  disability  originating  in  the  service  and 
line  of  duty 62 


X  CONTENTS. 

Page. 

Act  August  14,  1888,  chapter  890.  Desertion;  certain  appointed  and  en- 
listed men  who  served  in  the  Navy  or  Marine  Corps  during  the  Civil 
War  relieved  of  charge  of 139 

Act  August  27,  1888,  chapter  913.     Increase  for  deafness 56 

Act  August  27,  1888,  chapter  914.  State  or  Territorial  soldiers'  homes; 
aid  to 125 

Act  February  12,  1889,  chapter  132.     Increase  for  loss  of  both  hands 53 

Act  March  1,  1889,  chapter  332 : 

Pension  voucher  may  be  executed  before  United  States  officer  free  of 

charge 117 

Rooms  in  public  buildings  to  be  assigned  for  use  of  pension  agencies-      116 
Act  March  2,  1889,  chapter  390,  amended  by  act  March  2,  1891,  act  July 
27,  1892,  and  act  March  2,  1895.     Desertion ;  certain  regular  and  volun- 
teer soldiers  of  the  Mexican  and  Civil  Wars  relieved  from  charge  of 141 

Act  March  4,  1890,  chapter  25.     Increase  for  total  helplessness;  regular 

aid  and  attendance 56 

Act  June  27,  1890,  chapter  634 : 

SEC.  1.  Dependent  parents;  sufficiency  of  evidence  to  show  de- 
pendence; commencement  and  termination  of  pension 69 

SEC.  2  (amended  by  act  May  9,  1900).  Pensions  to  certain  soldiers 
and  sailors;  honorable  discharge  from  Rebellion  service  required; 

rate ;  commencement ;  rank  not  considered,  etc 45 

SEC.  3  (amended  by  act  May  9, 1900) .  Widows  and  minor  children  of 
certain  soldiers  and  sailors  given  pensionable  status;  continuance 
of  pension  to  insane,  idiotic,  or  otherwise  permanently  helpless 

children  provided  for 46,  64 

SEC.  4.  Fees  of  agents  and  attorneys 46,90,173 

Act  June  30,  1890,  chapter  639.     Clerks  to  sign  official  checks  in  pension 

agencies;  designation  of 115 

Act  July  1,  1890,  chapter  646.     Oaths  to  declarations,  vouchers,  etc.,  may 

be  taken  before  officer  authorized  to  administer  for  general  purposes 80 

Act  August  29,  1890,  chapter  820 : 
SEC.  1  part — 

Chief  clerks  to  administer  oaths  in  certain  cases 3 

Notaries  public  in  service  of  United  States  to  administer  oath  of 

office  free  of  charge 8 

SEC.  2  (amended  by  acts  Mar.  3,  1891,  and  May  27,  1908).  Persons 
on  active  or  retired  list  of  Army,  Navy,  or  Marine  Corps,  or  in 

Revenue-Cutter  Service,  not  to  receive  pension 136 

Joint  resolution  September  1, 1890  (Pub.  Res.  No.  43).  Oaths,  etc. ;  certifi- 
cates of  official  character,  etc 81 

Act  February  10,  1891,  chapter  127  (now  sec.  172,  Criminal  Code).  Coun- 
terfeit obligations,  securities,  etc.,  to  be  forfeited 163 

Act  February  10,  1891,  chapter  130  (amending  sees.  4783  and  5486,  R.  S.). 

Embezzlement  of  pension  money  by  guardian,  etc 178 

Act  March  2,  1891,  chapter  498  (amending  act  Mar.  2,  1889).     Desertion ; 

minor  discharged  by  order  of  court  not  to  receive  bounty,  etc 144 

Act  March  3,  1891,  chapter  548: 

SEC.  1,  part.    Attorney  fees ;  increase,  etc.,  claims 89, 174 

SEC.  1,  part  (amending  act  Aug.  29,  1890,  and  extended  by  act  May 
27,  1908).  Pensions  not  to  be  paid  to  persons  on  the  active  or 
retired  list  of  the  Army,  Navy.  Marine  Corps,  or  Revenue-Cutter 
Service 137 


CONTENTS.  XI 

Act  March  3,  1891,  chapter  548— Continued.  Page. 

SEC.  2   (amending  sec.  4764,  R.  S.).     Pension  agencies  grouped  for 

purpose  of  making  payments  of  pension 116 

SEC.  3.     Oaths ;  all  clerks  detailed  as  special  examiners  authorized  to 

administer 4 

Act  March  3,  1891,  chapter  568.  Pensions  for  members  of  Powell's  bat- 
talion   27 

Act  March  3,  1891,  chapter  650.     First  Kansas  Colored  Volunteers,  relief 

of;  pension  rights  to  certain  wounded  members  of 38 

Act  July  14,  1892,  chapter  169.     Total  disability ;  rate  of  $50  per  month 

in  cases  requiring  frequent  and  periodical  aid 57 

Act  July  26,  1892,  chapter  255.     Declarations,  etc.,  before  whom  to  be 

executed 81 

Act  July  27,  1892,  chapter  273  (amending  act  Mar.  2,  1889).     Desertion; 

limitation  as  to  filing  application  for  removal  of  charge  extended 144 

Act  July  27,  1892,  chapter  277.  Indian  wars;  pensions  to  certain  sur- 
vivors, and  to  their  widows;  rate;  honorable  discharge  and  30  days' 
service  required;  false  oath;  disloyalty  not  a  bar 20,165 

Act  August  1,  1892,  chapter  351  (amending  act  Mar.  3,  1877).  Removing 
bar  to  pension  imposed  by  section  4716,  Revised  Statutes,  in  cases  where 
persons  in  rebellion  afterwards  enlisted  in  the  Army  or  Navy  of  the 
United  States 135 

Act  August  5,  1892,  chapter  379.  Pensions  for  Army  nurses ;  rate ;  no  at- 
torney fee 41,  91,175 

Act  January  5,  1893,  chapter  18.  Mexican  War ;  increase  in  rate  of  pen- 
sion to  wholly  disabled  and  destitute  pensioned  survivors 26 

Act  February  3, 1893,  chapter  58.     Indian  war  claims ;  proof  of  citizenship.        23 

Act  December  21, 1893,  chapter  3.  Pension  not  to  be  withheld  or  suspended 
until  after  notice 137 

Act  July  18,  1894,  chapter  141.  Examining  surgeons;  reports  of,  to  be 
open  to  inspection 111 

Act  August  23,  1894,  chapter  319.  Pension  vouchers  may  be  executed  be- 
fore fourth-class  postmasters 117 

Joint  resolution  February  15,  1895  (Pub.  Res.  No.  15).  Benefits  of  act 
June  27,  1890,  extended  to  certain  Missouri  militiamen,  their  widows 
and  minors 48 

Act  March  2,  1895,  chapter  161 : 

Pensions  may  be  paid  to  nonresidents 121 

Minimum  rate  of  pension  based  on  disability  fixed  at  $6  per  month ; 
not  retroactive 57 

Act  March  2,  1895,  chapter  181.     Desertion ;  limitations  for  filing  claims 

under  the  act  of  March  2,  1889,  removed 144 

Act  March  2,  1895,  chapter  193.  Accrued  pensions;  who  entitled;  reim- 
bursement claims 130 

Act  March  6,  1896,  chapter  46.     Commencement  in  rejected,  suspended, 

or  dismissed  claims  under  the  act  of  June  27,  1890 49 

Act  March  13,  1896,  chapter  54.     Death  presumed  from  continued  and 

unexplained  absence  for  period  of  seven  years 73 

Act  May  28,  1896,  chapter  255.  Merchant  marine  service ;  persons  drafted 
in  time  of  war  entitled  to  pensions,  if  wounded;  widows  and  minors 
entitled,  when 147 

Act  February  17,  1897,  chapter  248.  Gray's  Battalion  Arkansas  Volun- 
teers, pensions  granted  to  survivors  and  widows  of  members  of  said 
organization 27 


XII  CONTENTS. 

Page. 

Act  February  24,  1897,  chapter  311.  Rate  of  pension,  etc.,  in  case  of 
reinuster 44 

Act  March  14,  1898,  chapter  60.  Pension  of  foreign  residents  not  to  be 
paid  on  power  of  attorney 

Act  March  30,  1898,  chapter  103.  Commencement  of  pension  in  cases 
arising  out  of  the  destruction  of  the  U.  S.  S.  Maine 70 

Act  April  22,  1898,  chapter  187.     Status  of  Spanish  War  volunteers 147 

Act  April  26,  1898,  chapter  191.     Desertion  from  the  Army  in  time  of  war 

forfeits  pensionable  status.    See  act  May  11,  1908 145 

Act  May  4,  1898,  chapter  234  (amending  sec.  4713,  R.  S.).  Pensions  of 
inmates  of  Naval  Home  at  Philadelphia,  Pa.,  or  naval  hospitals,  to  be 
paid  to  the  Secretary  of  the  Navy 122 

Joint  Resolution  May  26,  1898  (Pub.  Res.  No.  38).  United  States  auxil- 
iary naval  force  organized 36 

Act  June  6,  1898,  chapter  389.  Political  disabilities  created  by  section  3, 
fourteenth  amendment  to  the  Constitution  of  the  United  States,  removed 
in  cases  arising  under  the  act  January  29,  1887 26 

Act  July  7,  1898  (amending  sec.  4746,  R.  S.).  False  affidavits  and  post- 
dating vouchers  in  pension  cases 159 

Act  February  8,  1899,  chapter  121.  Suits  against  public  officer  not  to 
abate  on  his  death,  etc 156 

Act  March  3,  1899,  chapter  460  (amending  sec.  4766,  R.  S.)  : 

Division  of  pension,  when  made,  etc 120 

Conditions  prerequisite  to  widow's  title 66, 120 

Act  April  23,  1900,  chapter  251.  Mexican  War  survivors;  increase  of 
pension  granted  in  certain  cases 26 


Act  May  9,  1900,  chapter  385  (amending  act  June  27,  1890).  Certain 
survivors  of  the  War  of  the  Rebellion  given  a  pensionable  status; 
length  of  service;  honorable  discharge;  aggregate  disabilities  to  be 

rated;  widows,  minors,  and  helpless  children,  when  entitled,  etc 47,64 

Act  May  24,  1900,  chapter  55.     Desertion;  limitation  as  to  time  within 

which  claims  under  act  August  14,  1888,  may  be  filed,  removed 141 

Act  March  2, 1901,  chapter  809  (amending  sec.  183,  R.  S.,  and  amended  by 
act  Feb.  13,  1911).  Certain  officers  to  administer  oaths  in  official  in- 
vestigations   5 

Act  March  3,  1901,  chapter  865  (amending  sec.  4708,  R.  S.,  and  amended 
by  act  Feb.  28,  1903). 

Remarried  widows;  restoration  of  pension  on  renewed  widowhood; 

conditions  of  title,  etc 70 

Attorney  fee  not  allowed 71,  91 

Act  June  27,  1902  (extending  the  provisions  of  the  act  July  27,  1892)  : 

Indian  wars,  survivors  of,  to  be  pensioned ;  widows  also  entitled,  etc_        22 
Contract  entered  into  with  agents  or  attorneys  prior  to  passage  of 

act  void 22,  92 

Act  July  1,  1902,  chapter  1551.    Accrued  pension  due  inmates  of  National 

Home  for  Disabled  Volunteer  Soldiers,  disposition  of 124 

Joint  resolution  July  1,  1902  (Pub.  Res.  No.  42)  : 

SEC.  1.    Limitation  as  to  disloyalty  removed  in  certain  cases 136 

SEC.  2  (amended  by  joint  resolution  of  June  28,  1906).     As  to  final 

honorable  discharge  from  the  War  of  the  Rebellion 146 

Act  December  19,  1902,  chapter  7.     First  Ohio  Volunteer  Light  Artillery ; 

military  service  recognized 40 

Act  January  15,  1903,  chapter  190.    Increase  for  total  deafness 56 


CONTENTS.  XIII 

Act  January  21,  1903,  chapter  196 :  Page. 

SEC.  4    (amended  by  act  May  27,  1908).     Organized  Militia  to  be 

called  for  in  case  of  invasion 35 

SEC.  7   (amended  by  act  May  27,  1898).    Mustering  into  service  of 

the  United  States 35 

SEC.  22.     Pensions  for  wounds  or  disabilities  received  or  incurred 

while  in  the  service  of  the  United  States 35 

Act  February  28,  1903,  chapter  858   (amending  gee.  4708,  R.  S.,  and  act 
Mar.  3,  1901)  : 

Remarried  widows;  restoration  of  pension  on  renewed  widowhood; 

conditions  of  title,  etc 72 

Attorney  fee  not  allowed 73,  92 

Act  March  2,  1903,  chapter  977.     Increase  of  pension  for  loss  of  limbs,  or 

total  disability  in  same,  etc 55 

Act  March  3,  1903,  chapter  1021.     Mexican  War ;  pensions  of  survivors  in- 
creased to  $12  per  month 26 

Act  April  8,  1904,  chapter  945.     Increase  of  pension  for  total  blindness—        53 
Act  February  20,  1905,  chapter  593  (amending  act  Aug.  7,  1882).     Gov- 
ernment Hospital  for  the  Insane;  payment  and  disposition  of  pension 

money  belonging  to  certain  inmates  thereof 127 

Act  March  3,  1905,  chapter  1483.    Accrued  pension  not  to  be  paid  as  re- 
imbursement to  State,  county,  or  municipal  corporations 131 

Act  March  3,  1905,  chapter  1484.     Private  secretary  to  the  Commissioner 

of  Pensions  authorized 3 

Act  February  27, 1906,  chapter  510  (amending  sec.  3679,  R.  S.).     Expendi- 
tures in  excess  of  appropriation  forbidden  and  acceptance  of  voluntary 

service  prohibited,  except,  etc 176 

Act  April  5,  1906,  chapter  1366 : 

SEC.  7.  Consular  officers  required  to  perform  notarial  acts 83 

SEC.  10.  Consular  officers  to  affix  stamp  to  all  papers  acknowledged 

before    them 83 

Act  June  22,  1906,  chapter  3514.    Clerks  to  serve  three  years  in  one  de- 
partment before  transfer  to  another 8 

Act  June  28,  1906,  chapter  3573.     United  States  commissioners  to  have 

seal,  and  to  use  same 82 

Act  June  28,  1906,  chapter  3574  (amending  sec.  5481,  R.  S.,  now  sec.  85, 

Criminal  Code).     Extortion  by  officer,  etc.,  of  the  United  States 180 

Joint  resolution  June  28,  1906  (Pub.  Res.  No.  39,  amending  sec.  2,  joint 
resolution  July  1,  1902).     Effect  of  honorable  discharge  from  rebellion 

Service 146 

Act  June  29,  1906,  chapter  3616.    Notaries  in  the  District  of  Columbia  not 

prohibited  from  prosecuting  claims  against  the  United  States 84 

Act  June  30,  1906,  chapter  3914.     Deposited  moneys  of  deceased  inmates 
of  the  Government  Hospital  for  the  Insane  to  be  covered  into  the 

Treasury j. 128 

Act  February  6,  1907,  chapter  468 : 

Pensions  to  certain  survivors  of  the  Mexican  and  Civil  Wars 27, 49 

Agents  or  attorneys  not  entitled  to  fee  for  services  under  this  act.  28,  50,  92 
Act  March  4,  1907,  chapter  2920 : 

Age  made  a  specific  disability 50 

Provisions  of  the  act  February  6,  1907,  extended  to  certain  soldiers 
and  sailors 28,50 


XIV  CONTENTS. 

Act  April  19,  1908,  chapter  147 :  Page. 

SEC.  1.  Fixing  minimum  rate  of  pension  to  widows,  etc —  65 

SEC.  2.  Pensions  granted  to  certain  widows  of  soldiers  and  sailors  of 
the  Civil  War 65 

SEC.  3.  Attorney  fee  restricted 65,91,174 

Act  April  23,  1908,  chapter  150.     Medical  Reserve  Corps  not  entitled  to 

pension  except,  etc 34 

Act  May  11,  1908,  chapter  163  (amending  sec.  6,  act  Apr.  26,  1898).    De- 
sertion from  Army  forfeits  pensionable  rights 145 

Act  May  22,  1908,  chapter  186.    Travel  expenses  of  employees  at  Wash- 
ington to  be  reported  annually 7 

Act  May  27, 1908,  chapter  200  (see  act  Aug.  29, 1890,  and  act  Mar.  3, 1891). 
Pensions  to  officers  and  men  in  the  Revenue-Cutter  Service  on  active 

or  retired  list  prohibited 137 

Act  May  27,  1908,  chapter  204  (amending  act  Jan.  21,  1903).     Militia,  to 

promote  the  efficiency  of 36 

Act  May  28,  1908,  chapter  208 : 

State  and  Territorial  homes;  pensioned  inmates  to  receive  pension 

direct 126 

Examining  surgeons,  increase  of  fees  to,  etc 112 

No  fee  allowed  for  services  in  connection  with  securing  pension  by 

special  act  of  Congress 90,175 

Reports  of  special  examiners  open  to  inspection 5 

Act  May  30,  1908,  chapter  230: 

Indian  wars;  pensions  to  survivors  of  Texas  volunteers,  and  their 

widows 23 

Contracts  made  with  agents  or  attorneys  prior  to  passage  of  act  void-  23, 92 
Act  February  2,  1909,  chapter  58  (amending  sec.  4839,  R.  S.).     Govern- 
ment Hospital  for  the  Insane;  superintendent  and  disbursing  officer, 

duties   of 128 

Act  February  23,  1909,  chapter  174  (amending  sec.  3646,  R.  S.).     Dupli- 
cate checks,  when  issued 117 

Act  March  4,  1909,  chapter  299 : 

SEC.  8.  Disbursing  officers ;  substitutes  authorized  in  case  of  illness,  etc.          6 
SEC.  9.  Commissions ;  compensation  to,  unless  authorized  by  law,  pro- 
hibited ;  details  of  clerks  forbidden 7 

Act  March  4,  1909,  chapter  302 : 

Additional  pension  granted  by  special  act  because  of  helpless  child 

not  to  affect  prior  rate  granted  widow 134 

Franked  envelopes  to  be  furnished  pensioners  for  return  of  vouchers 

to  pension  agents 117 

Reimbursement  claims  to  be  settled  by  Commissioner  of  Pensions 131 

Act  March  4,  1909,  chapter  321,  Criminal  Code : 

SEC.  21  (formerly  sec.  5518,  R.  S.).     Conspiracy  to  prevent  accepting 

or  holding  office  under  the  United  States 170 

SEC.  28   (formerly  sees.  5418  and  5479,  R.  S.).     Forging  bond,  bid, 

public  record,  etc 161 

SEC.  29  ( formerly  sec.  5421,  R.  S. ) .    Forging  deed,  power  of  attorney,  etc.      161 
SEC.  30  (formerly  sec.  5422,  R.  S.).    Having  forged  papers  in  posses- 
sion       162 

SEC.  31.  False  acknowledgment  by  officer  having  authority  to  admin- 
ister oaths,  etc 160 

SEC.  32   (formerly  act  Apr.  18,  1884).     Falsely  pretending  to  be  a 
United  States  officer—  177 


CONTENTS.  XV 

Act  March  4,  1909,  chapter  321,  Criminal  Code — Continued.  Page. 

SEC.  33  (formerly  sec.  5435,  R.  S.).  False  personation  of  holder  of 

public  stocks,  pensioner,  etc 177 

SEC.  34  (formerly  sec.  5436,  R.  S.).  False  demand  on  fraudulent 

power  of  attorney 177 

SEC.  35  ( formerly  sec.  5438,  R.  S. ) .  Making  or  presenting  false  claims.  157 
SEC.  37  (formerly  sec.  5440,  R.  S.).  Conspiracy  to  commit  an  offense 

against  the  United  States,  etc. ;  all  liable  for  acts  of  one___ 172 

SEC.  39  (formerly  sec  5451,  R.  S.).  Bribery  of  United  States  officer-  166 
SEC.  40  (formerly  sec.  5454,  R.  S.).  Unlawfully  taking  or  using 

papers  relating  to  claims 179 

SEC.  46  (formerly  sec.  5456,  R.  S.).  Robbery  or  larceny  of  personal 

property  of  the  United  States 179 

SEC.  47  (formerly  act  Mar.  3,  1875,  sec.  1).  Embezzlement,  etc.,  of 

public  property 179 

SEC.  48  (formerly  act  Mar.  3,  1875,  sec.  2).  Receivers,  etc.,  of  stolen 

property 180 

SEC.  70  (formerly  sec.  5442,  R.  S.).  False  certification  by  consular 

officer 160 

SEC.  85  (formerly  sec.  5481,  R.  S.,  as  amended  by  act  June  28,  1906). 

Extortion  by  officer,  etc.,  of  the  United  States 180 

SEC.  86  (formerly  sec.  5483,  R.  S.).  Receipting  for  larger  sums  than 

are  paid 178 

SEC.  90  ( formerly  sec.  5491,  R.  S. ) .  Failure  of  officer  to  render  ac- 
counts, etc 178 

SEC.  94  (formerly  sec.  5495.  R.  S.).  Prima  facie  evidence  of  embez- 
zlement in  certain  cases 178 

SEC.  95  (formerly  sec.  5496,  R.  S.).  Evidence  of  conversion 179 

SEC.  106.  False  certification  by  public  officer 160 

SEC.  108  (formerly  sec.  5487,  R.  S.).  Pension  agent  taking  fee 175 

SEC.  109  (formerly  sec.  5498,  R.  S.).  Officer  not  to  be  interested  in 

claims  against  the  United  States 166 

SEC.  110  (formerly  sees.  5500  and  5502,  R.  S.).  Member  of  Congress 

etc.,  soliciting  or  accepting  bribe 167 

SEC.  Ill  (formerly  sec.  5450,  R.  S.).  Offering,  etc.,  bribe  to  Member 

of  Congress__ 167 

SEC.  112.  Member  of  Congress  taking  consideration  for  procuring 

contracts,  offices,  etc. ;  offering  him  consideration,  etc 168 

SEC.  113  (formerly  sec.  1782,  R.  S.).  Member  of  Congress  taking 

compensation  in  matters  to  which  the  United  States  are  parties 168 

SEC.  117  (formerly  sees.  5501  and  5502,  R.  S.).  Officer  of  the  United 

States  accepting  bribe 169 

SEC.  125  (formerly  sec.  5392,  R.  S.).  Perjury 163 

SEC.  126  (formerly  sec.  5393,  R.  S.).  Subornation  of  perjury 165 

SEC.  128  (formerly  sec.  5403,  R.  S.).  Destroying,  etc.,  public  records.  ,-  180 
SEC.  129  (formerly  sec.  5408,  R.  S.).  Destroying  record  by  officer 

in  charge •;  180 

SEC.  131  (formerly  sec.  5449,  R.  S.).  Bribery  of  a  public  or  judicial 

officer,  etc ^  169 

SEC.  133.  Juror,  referee,  etc.,  accepting  bribe ^  169 

SEC.  134.  Witness  accepting  bribe 170 

SEC.  145.  Extortion  under  threat  of  informing 181 

SEC.  146  (formerly  sec.  5390,  R.  S.).  Misprision  of  felony 181 

SEC.  148  (formerly  sec.  5414,  R.  S.).  Forging  or  counterfeiting 

United  States  securities..  — .      162 


XVI  CONTENTS. 

Act  March  4,  1909,  chapter  321,  Criminal  Code — Continued.  Page. 

SEC.  151  (formerly  sec.  5431,  R.  S.).     Passing,  uttering,  etc.,  forged 

obligations,  etc.,  of  the  United  States 162 

SEC.  154    (formerly  sec.  5434,  R.  S.).     Buying,  selling,  etc.,  forged 
securities 162 

SEC.  172  (formerly  act  Feb.  10,  1891).     Counterfeit  obligations,  se- 
curities, etc.,  to  be  forfeited 163 

SEC.  332  (formerly  sec.  5427,  R.  S.).     Who  are  principals 181 

SEC.  333  (formerly  sees.  5533  and  5535,  R.  S.).     Punishment  of  ac- 
cessories         181 

SEC.  335.  Felonies  and  misdemeanors  distinguished 181 

SEC.  342.  Accrued  rights,  etc.,  not  affected  by  adoption  of  Criminal  Code.      181 

SEC.  343.  Prior  offenses;  how  prosecuted 181 

SEC.  344.  Acts  of  limitation  ;  how  affected  by  the  Criminal  Code 182 

SEC.  345.  Date  on  which  Criminal  Code  went  into  effect,  to  wit,  Janu- 
ary 1,  1910 182 

Act  May  7,  1910,  chapter  216  (repealing  sec.  860,  R.  S.).  United  States 
courts,  pleadings  or  disclosures  in  any  judicial  proceeding  may  be  used 

as  evidence  in 156 

Act  June  9,  1910,  chapter  277.     Bonds  not  required  of  the  United  States, 

etc.,  in  the  courts  of  the  District  of  Columbia 156 

Act  June  25,  1910,  chapter  384.  National  Home  for  Disabled  Volunteer 
Soldiers,  application  for  admission  to,  must  contain  contract  for  dispo- 
sition, at  his  death,  of  property  of  member 124 

Act  June  25, 1910,  chapter  393.      Certificates  of  discharge,  etc.,  to  be  issued  in 

the  true  name  where  person  served  under  an  assumed  name,  except.  etc_      138 
Act  June  25,  1910,  chapter  413.     Rural  delivery  carriers  may  execute  pen- 
sion vouchers 117 

Act  February  13,  1911,  chapter  43  (amending  sec.  183,  R.  S.,  as  amended 
by  act  Mar.  2,  1901).  Certain  United  States  officers  authorized  to  ad- 
minister oaths  in  official  investigations 5 

Joint  resolution,  February  27,  1911  (Pub.  Res.  No.  63).  Military  rec- 
ords; certain  acts  correcting,  passed  during  the  Sixty-first  Congress, 

not  to  be  construed  as  denying  right  to  pension 145 

Act  March  3, 1911,  chapter  227.     Pension  agencies ;  clerk  hire  and  salaries 

therein  to  be  approved  by  the  Secretary  of  the  Interior 115 

Act  March  3,  1911,  chapter  231.     Judicial  Code : 

SEC.  24.    District  courts;  jurisdiction  of 154 

SEC.  42.     Offenses  begun  in  one  district  and  completed  in  another 155 

SEC.  43.     Suits  for  recovery 155 

SEC.  164.  Court  of  Claims  entitled  to  information,  etc.,  from  execu- 
tive departments,  etc 155 

SEC.  300.    Prosecution  for  prior  offenses 155 

SEC.  301.     Judicial  Code  to  become  operative  Jan.  1,  1912 155 

Act  March  4,  1911,  chapter  237.  Pension  Office;  appropriation  for  offi- 
cers, etc.,  for  the  fiscal  year  ending  June  30,  1912;  restrictions 9 

Act  March  4,  1911,  chapter  270.     False  accounts  and  reports  by  officers 

of  the  United  States;  punishment  for  making 160 

Act  March  4,  1911,  chapter  285 : 

Soldiers'  homes ;  appropriation  not  available  for  any  home  that  per- 
mits the  sale  of  intoxicants ;  deductions  to  be  made  from  Federal 
aid  to  State  and  Territorial  homes  equal  to  amounts  collected  from 

inmates 125 

Disbarment  proceedings;  Secretary  of  the  Interior  to  take  and  pre- 
pare testimony 85 


Chapter  I. 
ADMINISTRATIVE  ORGANIZATION. 


SEC.  437,  R.  S.  Creation  of  Interior  De- 
partment. 

SEC.  441,  R.  S.  Secretary  of  the  Interior, 
jurisdiction  of. 

SEC.  169,  R.  S.  Departmental  employees. 

SEC.  470,  R.  S.  Commissioner  of  Pensions, 
appointment  of. 

SEC.  471,  R.  S.  Duties  of  Commissioner  of 
Pensions. 

SEC.  472,  R.  S.  Deputy  Commissioner  of 
Pensions  to  be  appointed. 

ACT  AUG.  5,  1882.  Duties  of  First  and 
Second  Deputy  Commissioners  of  Pen- 
sions. 

SEC.  178,  R.  S.  Vacancies  in  subordinate 
offices,  how  filled. 

SEC.  179,  R.  S.  Discretionary  authority  of 
President  to  fill  temporary  vacancies. 

SEC.  173,  R.  S.  Chief  clerks,  duties  of. 

SBC.  174,  R.  S.  Chief  clerks,  duties  of. 

ACT  AUG.  29,  1890.  Chief  clerks  to  admin- 
ister oaths  in  certain  cases. 

ACT  MAR.  3,  1905.  Private  secretary  to  the 
Commissioner  of  Pensions  authorized. 

ACT  AUG.  8,  1882.  Commissioner  of  Pen- 
sions to  inspect  agencies  and  boards  of 
examining  surgeons. 

SEC.  474,  R.  S.  Investigation  of  attempts 
at  fraud. 

SEC.  4744,  R.  S.  Special  service  for  investi- 
gation of  suspected  attempts  at  fraud. 

ACT  MAR.  3,  1891.  Oaths,  special  examiners 
to  administer. 

ACT  MAY  28,  1908.  Reports  of  special  ex- 
aminers open  to  inspection. 


There  shall  be  at  the  seat  of  Government  an  Executive 
Department  to  be  known  as  the  Department  of  the  In-  JiSiSerior' crea" 
terior,  and  a  Secretary  of  the  Interior,  who  shall  be  the 
head  thereof. 

The   Secretary   of  the  Interior  is  charged  with  the 
supervision  of  public  business  relating  to  the  following  Interior'dutiesof 
subjects:    *    *    * 

Fourth.  Pensions  and  bounty-lands.     *     *     * 

Each  head  of  a  Department  is  authorized  to  employ    Departmental 
in  his  Department  such  number  of  clerks  of  the  sev-  ^Jj 
eral   classes   recognized   by   law,   and   such   messengers,  0°fr 
assistant  messengers,  copyists,  watchmen,  laborers,  and  clerks' etc* 
8001°— 12 2  1 


SEC.  183,  R.  S.  Investigation  of  miscon- 
duct, etc.,  of  officers  or  agents  of  the 
Government. 

SEC.  184,  R.  S.  Subpoenas  to  witnesses. 

SEC.  185,  R.  S.  Fees  of  witnesses. 

SEC.  186,  R.  S.  Compelling  testimony  of 
witnesses. 

SEC.  187,  R.  S.  Professional  assistance, 
how  obtained. 

ACT  MAR.  4,,  1909,  SEC.  8.  Disbursing  offi- 
cers, substitutes  authorized  in  case  of 
illness  of,  etc. 

ACT  MAR.  4,  1909,  SEC.  9.  Compensation 
to  commissions  forbidden,  unless  created 
by  law.  Details  of  clerks  to  such  com- 
missions prohibited. 

ACT  MAY  22,  1908,  SEC.  4.  Report  to  be 
made  of  traveling  expenses  of  certain 
employees. 

ACT  JUNE  22,  1906.  Clerks,  etc.,  to  serve 
three  years  in  one  department  before 
transfer  to  another,  etc. 

SEC.  1784,  R.  S.  Contributions,  etc.,  to 
superiors  prohibited. 

ACT  AUG.  29,  1890.  Notaries-  public  in  Gov- 
ernment employ  to  administer  oaths  free 
of  charge  in  certain  cases. 

ORDER  OF  JAN.  5,  1905,  AND  ORDER  OF 
APR.  7,  1905.  Notarial  charges  by  per- 
sons in  Government  employ  during  office 
hours  prohibited. 

ACT  MAR.  4,  1911.  Appropriation  for  Pen- 
sion Office  force  and  limitations  imposed. 


2  ARMY  AND   NAVY  PENSIONS. 

other  employes,  and  at  such  rates  of  compensation,  re- 
spectively, a°s  may  be  appropriated  for  by  Congress  from 
r  '*•'     year  to  y earl 
sec.  *?o,  R.  s.        There  shall  be  in  the  Department  of  the  Interior  a 

C  o  XL?  Kiisjioiier  e  •          -t    i 

of  Pensions.        Commissioner  of  Pensions,  who  shall  be  appointed  by 

the  President,  by  and  with  the  advice  and  consent  of  th< 

Senate,  and  shall  be  entitled  to  receive  a  salary  of  four 

thousand  dollars  a  year.1 

D?tit?o?cSam-     The  Commissioner  of  Pensions  shall  perform,  under 

mfesioner  of  Pen-  ^he  direction  of  the  Secretary  of  the  Interior,  such  duties 
in  the  execution  of  the  various  pension  and  bounty-land 
laws  as  may  be  prescribed  by  the  President. 

D?puIyRcom-  There  sna11  be  in  the  Department  of  the  Interior  a 
SSsioner  °f  Pen"  Deputy  Commissioner  of  Pensions,2  who  shall  be  ap- 
pointed by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  who  shall  be  charged  with  such 
duties  in  the  Pension  Bureau  as  may  be  prescribed  by  the 
Secretary  of  the  Interior,  or  may  be  required  by  law,  and 
in  case  of  death,  resignation,  absence,  or  sickness  of  the 
Commissioner,  his  duties  shall  devolve  upon  the  Deputy 
Commissioner  until  a  successor  is  appointed  or  such 
absence  or  sickness  ceases.  The  Deputy  Commissioner 
shall  be  entitled  to  receive  an  annual  salary  of  twenty-five 
hundred  dollars. 

isffiffflsSS.!?;  *  *  *  Provided,  That  the  duties  of  first  and  second 
24Duti£9  oFa£st  ^ePuty  commissioners  shall  be  such  as  are  now  fixed  by 
Sty  coSss1on-law  ^or  *^e  deputy  commissioner  of  pensions;  and  in 
ers-  case  of  death,  resignation,  absence,  or  sickness  of  the 

Commissioner  his  duties  shall  devolve  upon  the  first 
deputy  commissioner  until  his  successor  is  appointed,  or 
such  absence  or  sickness  ceases,  and  in  case  of  the  like 
absence  of  the  Commissioner  and  first  deputy  commis- 
sioner, the  second  deputy  commissioner  shall  act  as  Com- 
missioner in  like  manner.  *  *  * 

S'in     '^n  case  °^  ^e  death,  resignation,  absence,  or  sickness 
°f"°^  *ke  chief  of  any  Bureau,  or  of  any  officer  thereof, 
1868ctc  J£y  g23,  whose  appointment  is  not  vested  in  the  head  of  the  De- 
2,  v.'  is,  p.  ies.    partment,  the  assistant  or  deputy  of,  such  chief  or  of 
such  officer,  or  if  there  be  none,  then  the  chief  clerk  of 

1  See  Sec.  472  for  note. 

2  Additional  deputy  commissioner  provided  for  under  the  act  of  Mar.  3, 
1881,  21  Stat.  L.,  408,  c.  130. 

Salary  of  commissioner,  $5,000,  and  deputy  commissioners,  $3,600  each ; 
appropriation  act  of  Aug.  5,  1882,  22  Stat.  L.,  247,  C.  389.  These  salaries, 
respectively,  have  been  continued  in  all  subsequent  appropriation  acts. 


ADMINISTRATIVE   ORGANIZATION.    '  3 

such  Bureau,  shall,  unless  otherwise  directed  by  the 
President,  as  provided  by  section  one  hundred  and 
seventy-nine,  perform  the  duties  of  such  chief  or  of  such 
officer  until  a  successor  is  appointed  or  such  absence  or 
sickness  shall  cease. 

In  any  of  the  cases  mentioned  in  the  two  preceding    sec.i79,R.s. 
sections,  except  the  death,  resignation,  absence,  or  sick-  authority5  o°fnthe 
ness  of  the  Attorney-General,  the  President  may,  in  his    Act  "juiy   23, 

,.  .  ,         .    "  ,         ,          ,         .  .          1868,  C.  227,  sec.  3, 

discretion,  authorize  and  direct  the  head  of  any  other  v.  15,  p.  les. 
Department  or  any  other  officer  in  either  Department  i8?o,  c.  ifip,  sec.  2, 
whose  appointment  is  vested  in  the  President,  by  andv 
with  the  advice  and  consent  of  the  Senate,  to  perform 
the  duties  of  the  vacant  office  until  a  successor  is  ap- 
pointed, or  the  sickness  or  absence  of  the  incumbent 
shall  cease. 

Each  chief  clerk  in  the  several  Departments  and  Bu-    cSef  73t  ?ierks 
reaus,  and  other  offices  connected  with  the  Departments,  dutios  of- 
shall  supervise,  under  the  direction  of  his   immediate 
superior,  the  duties  of  the  other  clerks  therein,  and  see 
that  they  are  faithfully  performed. 

Each  chief  clerk  shall  take  care,  from  time  to  time,  sec.i74,R.s. 
that  the  duties  of  the  other  clerks  are  distributed  with 
equality  and  uniformity,  according  to  the  nature  of  the 
case.  He  shall  revise  such  distribution  from  time  to 
time,  for  the  purpose  of  correcting  any  tendency  to  un- 
due "accumulation  or  reduction  of  duties,  whether  aris- 
ing from  individual  negligence  or  incapacity,  or  from 
increase  or  diminution  of  particular  kinds  of  business. 
And  he  shall  report  monthly  to  his  superior  officer  any 
existing  defect  that  he  may  be  aware  of  in  the  arrange- 
ment or  dispatch  of  business. 

And  the  Chief  Clerks  of  the  several  Executive  Depart-  ^^^fi  ™' 
ments  and  of  the  various  bureaus  and  offices  thereof  in  37c'iSef2cierks:'to 


Washington,  District  of  Columbia,  are  hereby  authorized 
and  directed,  on  application  and  without  compensation 
therefor,  to  administer  oaths  of  office  to  employees  re- 
quired to  be  taken  on  their  appointment  or  promotion. 

PENSION  OFFICE:  For  private  secretary1  to  be  selected 
and  appointed  by  the  Commissioner  of  Pensions  at  the  c>  p4r8it£rt' 
rate  of  two  thousand  dollars  per  annum  from  March  ggj"  of°Ten-~ 
fourth,  nineteen  hundred  and  five,  to  June  thirtieth,  nine-  sions;  salary- 
teen  hundred  and  six,  both  inclusive,  two  thousand  six 
hundred  and  fifty  dollars. 

1  Provision  for  private  secretary  continued  in  subsequent  appropriation 
acts, 


ARMY  AND   NAVY  PENSIONS. 


i882Ct22  s?at  i?'  That  section  forty-seven  hundred  and  sixty-six,  title 
37| c.469, part ^ fifty- seven,  of  the  Revised  Statutes  of  the  United  States 
amended.  js  hereby  amended  to  read  as  follows : 


pennsfnCtaSnciesf     "  SEC-  4^66-     *     *     *     The  Commissioner  of  Pensions 


when  in  his  judgment  it  shall  be  deemed  necessary 
geons.  or  proper^  visit  in  person,  for  the  purpose  of  examination 

and  inspection,  or  may  send  any  one  or  more  of  the  officers 
of  his  bureau  for  that  purpose,  any  of  the  pension  agen- 
cies or  medical  examining  boards  or  surgeons;  and  the 
necessary  and  actual  expenses  of  such  visits  shall  be  paid 
by  the  Secretary  of  the  Interior  upon  properly  executed 
vouchers,  out  of  the  contingent  fund  of  said  bureau." 
inVe7st?ation  The  Commissioner  of  Pensions  is  authorized  to  detail. 


fraud^SS^Mar*  ^  rom  ^me  ^°  time,  any  of  the  clerks  in  his  Office  to  investi- 
ate  any  suspected  attempts  to  defraud  the  United  States. 
\.  or  affecting  the  administration  of  any  law  relative  to 
22Cstat.4L.,^76?''  pensions,  and  to  aid  in  prosecuting  any  persons  impli- 
cated, with  such  additional  compensation  as  is  customary 
in  cases  of  special  service.  Any  person  so  detailed  shall 
have  the  power  to  administer  oaths  in  the  course  of  any 
such  investigation. 

i882Ct22Jstat  i?'  That  section  forty-seven  hundred  and  forty-four,  title 
17|^349'S4^ fifty-seven,  of  the  Revised  Statutes  of  the  United  States 
amended.  js  hereby  amended  to  read  as  follows : 


forSpSifstfgaT£g     "  SEC-  4744-  The  Commissioner  of  Pensions  is  author- 


to  detail  from  time  to  time  clerks  or  persons  em- 
ployed in  his  office  to  make  special  examinations  into  the 
merits  of  such  pension  or  bounty  land  claims,  whether 
pending  or  adjudicated,  as  he  may  deem  proper,  and  tc 
aid  in  the  prosecution  of  any  party  appearing  on  such 
examinations  to  be  guilty  of  fraud,  either  in  the  presenta- 
tion or  in  procuring  the  allowance  of  such  claims;  and 
any  person  so  detailed  shall  have  power  to  administer 
oaths  and  take  affidavits  and  depositions  in  the  course  oi 
such  examinations,  and  to  orally  examine  witnesses,  anc 
may  employ  a  stenographer,  when  deemed  necessary  b} 
the  Commissioner  of  Pensions,  in  important  cases,  suet 
stenographer  to  be  paid  by  such  clerk  or  person,  and  the 
amount  so  paid  to  be  allowed  in  his  accounts." 

26AsttatIaL.f'io83;     That  the  same  power  to  administer  oaths  and  tak< 
c'  oaths^'speciai  ^davits,  which  by  virtue  of  section  forty-seven  him- 
to  ad'dred  and  forty-four  of  the  Revised  Statutes  is  conferrec 
upon  clerks  detailed  by  the  Commissioner  of  Pension* 
from  his  office  to  investigate  suspected  attempts  at  f  rauc 


ADMINISTKATTVE   ORGANIZATION.  5 

on  the  Government  through  and  by  virtue  of  the  pension 
laws,  and  to  aid  in  prosecuting  any  person  so  offending, 
shall  be,  and  is  hereby,  extended  to  all  special  examiners 
or  additional  special  examiners  employed  under  author- 
ity of  Congress  to  aid  in  the  same  purpose. 

*     *     *     The  reports  of  the  special  examiners  of  ^fas^St .  £8; 
the  Bureau  of  Pensions  shall  be  open  to  inspection  and  ^epons '<? rspe- 
copy  by  the  applicant  or  his  attorney,  under  such  rules  ^  open^o^in0- 
and  regulations  as  the  Secretary  of  the  Interior  may  sPectlon- 
prescribe.1 

That  section  one  hundred  and  eighty-three  of  the  Re-  i9n%*ta't.  L3; 
vised  Statutes  of  the  United  States  be,  and  is  hereby,  89|ec. f^  R.  s., 
amended  so  as  to  read  as  follows :  amended. 

"  SEC.  183.  Any  officer  or  clerk  of  any  of  the  depart-  affi^t^! 
ments   lawfully   detailed   to   investigate   frauds   on,   or  agenteffiCo?  the 
attempts  to  defraud,  the  Government,  or  any  irregularity  ^mte< 
or  misconduct  of  any  officer  or  agent  of  the  United  States, 
and  any  officer  of  the  Army,  Navy,  Marine  Corps  or 
Revenue-Cutter  Service,  detailed  to  conduct  an  investiga- 
tion, and  the  recorder,  and  if  there  be  none  the  presiding 
officer,  of  any  military,  naval,  or  Revenue- Cutter  Service 
board  appointed  for  such  purpose,  shall  have  authority 
to  administer  an  oath  to  any  witness  attending  to  testify 
or  depose  in  the  course  of  such  investigation." 

Any  head  of  a  Department  or  Bureau  in  which  a  claim    §2t  18Feb.'  Si4, 
against  the  United  States  is  properly  pending  may  apply  s^V.  £^'412!  * 
to  any  judge  or  clerk  of  any  court  of  the  United  States, 
in  any  State,  District,  or  Territory,  to  issue  a  subpoena 
for  a  witness  being  within  the  jurisdiction  of  such  court, 
to  appear  at  a  time  and  place  in  the  subpcena  stated, 
before  any  officer  authorized  to  take  depositions  to  be    subpoenas    to 
used  in  the  courts  of  the  United  States,  there  to  give  full  ^ 
and  true  answers  to  such  written  interrogatories  and  cross- 
interrogatories  as  may  be  submitted  with  the  applica- 
tion, or  to  be  orally  examined  and  cross-examined  upon 
the  subject  of  such  claim. 

That  in  addition  to  the  authority  conferred  by  section  188^VstJt.  if; 
one  hundred  and  eighty-four,  title  four  of  the  Revised  17|^p3^asec-fo3- 
Statutes,  any  judge  or  clerk  of  any  court  of  the  United 
States  in  any  State,  District,  or  Territory  shall  haveed- 
power,  upon  the  application  of  the  Commissioner  of 

iThis  language  first  used  in  act  April  4,  1900,  31  Stat.  L.,  59.  Last 
used  in  act  May  28,  1908,  in  the  third  proviso  of  the  third  paragraph. 
Near  the  beginning  of  the  paragraph  the  word  "  hereafter  "  is  used  limit- 
ing the  body  of  the  paragraph  and  its  several  provisos. 


6  ARMY  AND   NAVY  PENSIONS. 

Pensions,  to  issue  a  subpoena  for  a  witness,  being  within 
the  jurisdiction  of  such  court,  to  appear,  at  a  time  and 
place  in  th%  subpoena  stated,  before  any  officer  authorized 
to  take  depositions  to  be  used  in  the  courts  of  the  United 
States,  or  before  any  officer,  clerk,  or  person  from  the 
Pension  Bureau  designated  or  detailed  to  investigate  or 
examine  into  the  merits  of  any  pension  claim  and  author- 
ized by  law  to  administer  oaths  and  take  affidavits  in 
such  investigation  or  examination,  there  to  give  full 
and  true  answers  to  such  written  interrogatories  and 
cross  interrogatories  as  may  be  propounded,  or  to  be 
orally  examined  and  cross-examined  upon  the  subject 
of  such  claim ;  and  witnesses  subpoenaed  pursuant  to  this 
and  the  preceding  section  shall  be  allowed  the  same  com- 
pensation as  is  allowed  witnesses  in  the  courts  of  the 
United  States,  and  paid  in  the  same  manner. 

withSse?''fees      Witnesses  subpoenaed  pursuant  to  the  preceding  sec- 
ic£ct   Seb'   Ji4'  tion  shall  be  allowed  the  same  compensation  as  is  allowed 

lo/lj    C.     <-)!  ,     S6C-     ly 

v.  16,  p.  412.       witnesses  in  the  courts  of  the  United  States. 
sec.i86,R.s.        if  any  witness,  after  being  duly  served  with  such  sub- 

Uornp6iiin£  TGS*  *^ 

timony.  posna,  neglects  or  refuses  to  appear,  or,  appearing,  re- 

i4Sei87i'  w* Itat  fuses  to  testify,  the  judge  of  the  district  in  which  the 
L.',  412. '  subpoena  issued  may  proceed,  upon  proper  process,  to 

enforce  obedience  to  the  subpoena,  or  to  punish  the  dis- 
obedience, in  like  manner  as  any  court  of  the  United 
States  may  do  in  case  of  process  of  subpoena  ad  testifi- 
candum  issued  by  such  court. 

profeSonafas-     Whenever  any  head  of  a  Department  or  Bureau  having 
tainaende;howob"made  application  pursuant  to  section  one  hundred  and 
isTifc.  fifsec.1!)  eighty- four,  for  a  subpoena  to  procure  the  attendance  of 
v.  16,  p.  412.       a  witness  to  be  examined,  is  of  opinion  that  the  interests 
of  the  United  States  require  the  attendance  of  counsel  at 
the  examination,  or  require  legal  investigation  of  any 
claim  pending  in  his  Department  or  Bureau,  he  shall  give 
notice  thereof  to  the  Attorney-General,  and  of  all  facts 
necessary   to   enable   the   Attorney-General   to    furnish 
proper  professional  service  in  attending  such  examina- 
tion, or  making  such  investigation,  and  it  shall  be  the 
duty  of  the  Attorney-General  to  provide  for  such  service, 
jjjj     In  case  of  the  sickness  or  unavoidable  absence  of  any 
of-  disbursing  clerk  or.   disbursing  agent  of  any  executive 
Substitutes  au-  department,  independent  bureau,  or  office,  in  Washington, 
mneSetcncaseofDistrict  of  Columbia,  he  may,  with  the  approval  of  the 
head  of  the  department,  independent  bureau,  or  office,  in 


ADMINISTRATIVE   ORGANIZATION.  7 

which  said  disbursing  clerk  or  agent  is  employed,  author- 
ize the  clerk  of  highest  grade  employed  therein  to  act 
in  his  place,  and  to  discharge  all  the  duties  by  law  or 
regulations  of  such  disbursing  clerk  or  agent.  The  official 
bond  given  by  the  principal  of  the  office  shall  be  held  to 
cover  and  apply  to  the  acts  of  the  person  appointed  to 
act  in  his  place  in  such  cases.  Such  acting  officer  shall, 
moreover,  for  the  time  being,  be  subject  to  all  the  liabili- 
ties and 'penalties  prescribed  by  law  for  the  official  mis- 
conduct in  like  cases,  of  the  disbursing  clerk  or  disbursing 
agent,  respectively,  for  whom  he  acts,  and  such  acting 
officer  shall  be  required  by  the  head  of  the  department, 
independent  bureau,  or  office,  to  give  bond  to  and  in  such  0£d  of  acting 
sum  as  the  disbursing  clerk  or  disbursing  agent  may 
require. 

That  hereafter  no  part  of  the  public  moneys,  or  of  any  35 
appropriation  heretofore  or  hereafter  made  by  Congress, 
shall  be  used  for  the  payment  of  compensation  or  ex- 
penses  of  any  commission,  council,  board,  or  other  similar  {aw,  Skidenby 
body,  or  any  members  thereof,  or  for  expenses  in  connec- 
tion with  any  work  or  the  results  of  any  work  or  action 
of  any  commission,  council,  board,  or  other  similar  body, 
unless  the  creation  of  the  same  shall  be  or  shall  have  been 
authorized  by  law;  nor  shall  there  be  employed  by  detail,^1*113  Prohib- 
hereafter  or  heretofore  made,  or  otherwise  personal  serv- 
ices from  any  executive  department  or  other  government 
establishment  in  connection  with  any  such  commission, 
council,  board,  or  other  similar  body. 

It  shall  be  the  duty  of  the  head  of  each  Executive  De-  194f  35 S.  £ 
partment  and  other  Government  establishment  at  Wash-  24Trave\^xpenses 
ington  to  submit  to  Congress  at  the  beginning  of  each  e 
regular  session  a  statement  showing  in  detail  what  officers 
or  employees  (other  than  special  agents,  inspectors, 
employees,  who  in  the  discharge  of  their  regular  duties 
are  required  to  constantly  travel)  of  such  Executive  De- 
partment or  other  Government  establishment  have 
traveled  on  official  business  from  Washington  to  points 
outside  of  the  District  of  Columbia  during  the  preceding 
fiscal  year,  giving  in  each  case  the  full  title  of  the  official 
or  employee,  the  destination  or  destinations  of  such  travel, 
the  business  or  work  on  account  of  which  the  same  was 
made,  and  the  total  expense  to  the  United  States  charged 
in  each  case. 


g  ARMY  AND   NAVY  PENSIONS. 

,AAA/2?e*  T22'     It  shall  not  be  lawful  hereafter  for  any  clerk  or  othe 

1906,  34  otat.  Li.,  .  /»i 

449,  c.  3514,  sec.  5.  empiovee  jn  the  classified  service  in  any  of  the  Executiv< 
cierks,  etc.,  to  Departments  to  be  transferred  from  one  Department  t< 

serve  three  years        r 

in   one  depart-  another  Department  until  such  clerk  or  other  employe* 

ment    before  -1      » 

transfer  to  an-siiau  have  served  for  a  term  of  three  years  in  the  Depart 

ment  from  which  he  desires  to  be  transferred. 
Deecta?isi(of  civil     Hereafter  it  shall  be  unlawful  to  detail  civil  officers 


*  from  clerks,  or  other  subordinate  employees  who  are  authorizec 
trict  of  columbfa  or  employed  under  or  paid  from  appropriations  made  f 01 
restricted.  fa^  military  or  naval  establishments,  or  any  other  brand 
of  the  public  service  outside  of  the  District  of  Columbia 
except  those  officers  and  employees  whose  details  are  n< 
specially  provided  by  law,  for  duty  in  any  bureau,  office 
or  other  division  of  any  Executive  Department  in  the  Dis- 
trict of  Columbia,  except  temporary  details  for  duty  con- 
nected with  their  respective  offices. 

prohibition' Sof     -^°  officer,  clerk,  or  employe  in  the  United  States  Gov- 
contributions,  ernment  employ  shall  at  any  time  solicit  contributions 

presents,  etc.,  to  •*•      * 

BU£ctiorFeb  j  from  other  officers,  clerks,  or  employes  in  the  Govern- 
pfeV'  u' v* 16' ment  service  for  a  gift  or  present  to  those  in  a  superior 
official  position;  nor  shall  any  such  officials  or  clerical 
superiors  receive  any  gift  or  present  offered  or  presented 
to  them  as  a  contribution  from  persons  in  Government 
employ  receiving  a  less  salary  than  themselves ;  nor  shall 
any  officer  or  clerk  make  any  donation  as  a  gift  or  present 
to  any  official  superior.  Every  person  who  violates  this 
section  shall  be  summarily  discharged  from  the  Govern- 
ment employ. 

i8M°Vstat  i?'     -^n^  no  officer,  clerk,  or  employee  of  any  executive 
^otaries^ubiic  department  who  is  also  a  notary  public  or  other  officer 
aempioyeS~  authorized  to  administer  oaths,  shall  charge  or  receive 
oaths.  any  fee  or  compensation  for  administering  oaths  of  office 

to  employees  of  such  department  required  to  be  taken  on 
appointment  or  promotion  therein. 


DEPARTMENT  OF  THE   INTERIOR, 

cliarges-  Washington,  D.  C.,  January  5,  1905. 

By  direction  of  the  President: 

It  is  hereby  ordered  that  hereafter  no  officer,  clerk,  or 
employee  in  the  Executive  service  of  the  Government,  who 
is  also  a  notary  public,  shall  charge  or  receive  any  com- 
pensation whatever  for  performing  any  notarial  act  for 
an  officer,  clerk,  or  employee  of  the  Government  in  his 
official  capacity,  or  in  any  matter  in  which  the  Govern- 


ADMINISTRATIVE   ORGANIZATION.  9 

ment  is  interested,  or  for  any  person  when,  in  the  case 
of  such  person,  the  act  is  performed  during  the  hours 
of  such  notary's  service  to  the  Government.  Disobedience 
of  this  order  shall  be  ground  for  immediate  dismissal 
from  the  service. 

E.  A.  HITCHCOCK,  Secretary. 

On  March  31,  1905,  the  President  directed  the  amend- 
ment of  the  above  by  adding  at  the  end  thereof  the  fol- 
owing  paragraph: 

"  This  order  shall  not  apply  to  oaths  of  disinterested- 
ness, or  other  oaths  required  to  be  made  by  law,  provided 
:hat  the  work  in  connection  therewith  is  not  performed 
during  office  hours." 

E.  A.  HITCHCOCK,  Secretary. 
APRIL  7,  1905. 

That  the  following  sums  be,  and  the  same  are  hereby,    Act  Mar.  4,1911, 

.     ,      ,  *  .        ,_         _  J'36Stat.  L./1216, 

appropriated,  out  or  any  money  in  the  Treasury  not  0.237,  sec.  i,  part, 
otherwise   appropriated,   in   full   compensation   for   the 
service  of  the  fiscal  year  ending  June  thirtieth,  nineteen 
lundred  and  twelve,  for  the  objects  hereinafter  expressed, 
lamely:     *     *     * 

PENSION  OFFICE  :  Commissioner  of  Pensions,  five  thou-  au*gjgj£j  office, 
and  dollars;  Deputy  Commissioner,  three  thousand  six 
Lundred  dollars;  Second  Deputy  Commissioner,  three 
thousand  six  hundred  dollars;  chief  clerk,  two  thousand 
five  hundred  dollars ;  assistant  chief  clerk,1  two  thousand 
dollars;  medical  referee,  three  thousand  dollars;  assist- 
ant medical  referee,  two  thousand  two  hundred  and  fifty 
dollars;  two  qualified  surgeons,  at  two  thousand  dollars 
each;  fifteen  medical  examiners,  at  one  thousand  eight 
hundred  dollars  each;  eight  chiefs  of  division,  at  two 
thousand  dollars  each ;  law  clerk,  two  thousand  two  hun- 
dred and  fifty  dollars;  chief  of  board  of  review,  two 
thousand  two  hundred  and  fifty  dollars ;  fifty-seven  prin- 
cipal examiners,  at  two  thousand  dollars  each;  private 
secretary,  to  be  selected  and  appointed  by  the  Commis- 
sioner of  Pensions,  two  thousand  dollars;  sixteen  assist- 
ant chiefs  of  division,  at  one  thousand  eight  hundred  dol- 

*By  the  act  of  Aug.  5,  1882  (22  Stat.  L.,  247),  provision  is  first  made 
for  assistant  chief  clerk,  law  clerk,  chiefs  of  division,  assistant  medical 
referee,  qualified  surgeons,  and  medical  examiners.  The  first  appropriation 
for  chief  of  the  board  of  review  is  in  the  act  of  Apr.  28,  1902  (32  Stat.  L., 
159).  A  private  secretary  to  the  commissioner  was  first  authorized  by  the 
act  of  Mar.  3,  1905  (33  Stat.  L.,  1233). 


10  ARMY  AND   NAVY  PENSIONS. 

lars  each ;  three  stenographers,  at  one  thousand  six  hun- 
dred dollars  each;  ninety-five  clerks  of  class  four;  one 
hundred  clerks  of  class  three ;  two  hundred  and  seventy- 
five  clerks  of  class  two;  two  hundred  and  ninety-five 
clerks  of  class  one;  sixty-five  clerks,  at  one  thousand 
dollars  each;  thirty  copyists;  twenty-seven  messengers; 
twelve  assistant  messengers ;  seventeen  skilled  laborers,  at 
six  hundred  and  sixty  dollars  each;  twenty  messenger 
boys,  at  four  hundred  dollars  each ;  and  for  the  following 
for  care  of  buildings  under  the  chief  clerk  of  the  Interior 
Department,  namely,  superintendent  of  building,  one 
thousand  four  hundred  dollars;  two  engineers,  at  one 
thousand  two  hundred  dollars  each;  three  firemen; 
twenty-three  laborers;  ten  female  laborers,  at  four  hun- 
dred dollars  each ;  fifteen  charwomen ;  painter,  skilled  in 
his  trade,  nine  hundred  dollars ;  cabinetmaker,  skilled  in 
his  trade,  nine  hundred  dollars;  captain  of  the  watch, 
eight  hundred  and  forty  dollars;  three  sergeants  of  the 
watch,  at  seven  hundred  and  fifty  dollars  each;  twenty 
watchmen;  in  all,  one  million  four  hundred  and  eighty- 
three  thousand  six  hundred  and  twenty  dollars. 

^or  P61*  ^em,  wnen  absent  from  home  and  traveling^on 
duty  outside  the  District  of  Columbia,  for  special  ex- 
aminers or  other  persons  employed  in  the  Bureau  of 
Pensions,  detailed  for  the  purpose  of  making  special 
investigations  pertaining  to  said  bureau,  in  lieu  of  ex- 
penses for  subsistence,  not  exceeding  three  dollars  per 
day,  and  for  actual  and  necessary  expenses  for  transpor- 
tation and  assistance,  and  any  other  necessary  expenses, 
including  telegrams,  two  hundred  and  fifteen  thousand 
dollars. 

temard"indexsys"  For  continuing  the  installation  of  the  card-index  sys- 
tem of  the  records  of  the  Pension  Office,  ten  thousand 
dollars. 

cia^amtaerS6"  For  an  additional  force  of  forty-five  special  examiners 
for  one  year,  at  one  thousand  three  hundred  dollars  each, 
fifty-eight  thousand  five  hundred  dollars,  and  no  person 
so  appointed  shall  be  employed  in  the  State  from  which 
he  is  appointed;  and  any  of  those  now  employed  in  the 
Pension  Office  or  as  special  examiners  may  be  reappointed 
if  they  be  found  to  be  qualified, 
sec.  2,  id.  .  The  pay  of  telephone-switchboard  operators,  assistant 

Pay  of  switch- 
board operators,  messengers,  firemen,  watchmen,  laborers,  and  charwomen 

assistant  messen-  .     e        '      .  . 

etc"8'  rated borers'  Provic*eci  * or  ln  this  Act,  except  those  employed  in  mints 
and  assay  offices,  unless  otherwise  specially  stated,  shall 


ADMINISTRATIVE   ORGANIZATION.  11 

36  as  follows:  For  telephone-switchboard  operators,  as- 
dstant  messengers,  firemen,  and  watchmen,  at  the  rate 
seven  hundred  and  twenty  dollars  per  annum  each; 
for  laborers,  at  the  rate  of  six  hundred  and  sixty  dollars 

r  annum  each;  assistant  telephone-switchboard  oper- 
itors  at  the  rate  of  six  hundred  dollars  each;  and  for 
:harwomen,  at  the  rate  of  two  hundred  and  forty  dollars 
per  annum  each. 

That  the  appropriations  herein  made  for  the  officers, 
clerks,  and  persons  employed  in  the  public  service  shall 
not  be  available  for  the  compensation  of  any  persons  in- 
capacitated otherwise  than  temporarily  for  performing 
such  service,  and  the  heads  of  departments  shall  cause 
iris  provision  to  be  enforced. 


fc- 


Chapter  II. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  . 


ACT  MAR.  16,  1802,  SBC.  14.  Invalid  pen- 
sions. 

ACT  APR.  24,  1816.  Rates  in  invalid  pen- 
sion claims. 

SEC.  1657,  R.  S.  Volunteers,  etc.,  to  sup- 
press Indian  depredations  in  Florida ; 
benefits  to. 

SEC.  4228,  R.  S.  Pensions  to  officers  and 
seamen  of  the  Navy  disabled  prior  to 
Mar.  4,  1861. 

SEC.  4729,  R.  S.  Pensions  to  widows  and 
minors  of  certain  officers  and  seamen  of 
the  Navy  disabled  prior  to  March  4, 
1861. 

SEC.  1656,  R.  S.  Pensions  to  widows,  etc., 
of  those  who  die  in  the  service. 

SEC.  4732,  R.  S.  Widows  and  minor  chil- 
dren of  persons  engaged  in  the  War  of 
1812,  and  in  the  various  Indian  wars 
since  1790. 

SEC.  4725.  R.  S.  Half-pay  pensions  to 
widows  and  children ;  commencement  of. 

SEC.  4726,  R.  S.  Minor's  title  on  remar- 
riage of  widow. 

SEC.  4727,  R.  S.  Rate  of  half-pension. 

SEC.  4712,  R.  S.  Extension  of  general  pen- 
sion laws  to  old  war  pensioners  in  the 
matter  of  rates. 

ACT  JUNE  9,  1880.  To  restore  pensions  in 
certain  cases. 

SEC.  4713,  R.  S.  Commence  of  ante-rebellion 
pensions. 

ACT  MAR.  9,  1878.  Pensions  to  survivors  of 
the  War  of  1812  and  their  widows. 

ACT  JULY  27,  1892.  Pensions  to  survivors 
of  certain  Indian  wars  and  their  widows. 


ACT  JUNE  27,  1902.  Extension  of  provi- 
sions of  act  July  27,  1892. 

ACT  MAY  30,  1908.  Extension  of  provisions 
of  act  July  27,  1892. 

ACT  FEB.  3,  1893.  Citizenship  in  Indian 
war  claims ;  proof. 

SEC.  4730,  R.  S.  Mexican  War ;  Regulars  or 
Volunteers  disabled ;  pensioned. 

SEC.  4731,  R.  S.  Widows  and  children  of 
Regulars  or  Volunteers  in  the  Mexican 
War. 

ACT  JAN.  29,  1887.  Mexican  survivors  and 
certain  widows  to  be  pensioned. 

SEC.  3,  FOURTEENTH  AMENDMENT,  CONSTI- 
TUTION OF  THE  UNITED  STATES.  Political 
disabilities  created. 

ACT  JUNE  6,  1898.  Political  disabilities  re- 
moved. 

ACT  JAN.  5,  1893.  Increase  of  pension  in 
certain  Mexican  War  cases. 

ACT  APR.  23,  1900.  Increase  of  pension  in 
certain  Mexican  War  cases. 

ACT  MAR.  3,  1903.  Increase  of  pension  in 
certain  Mexican  War  cases. 

ACT  MAR.  3,  1891.  Pensions  for  members  of 
Powell's  battalion. 

ACT  FEB.  17,  1897.  Pensions  for  members 
Gray's  battalion. 

ACT  FEB.  6,  1907.  Pensions  for  certain  offi- 
cers and  men  who  served  in  the  Civil 
War  and  the  War  with  Mexico. 

ACT  MAR.  4,  1907.  Extending  provisions  of 
act  Feb.  6,  1907. 


And  be  it  further  enacted,  That  if  any  officer,  noncom- 
missioned  officer,  musician,  or  private,  in  the  corps  com- 
posing   the    peace   establishment  shall   be    disabled   byjgjjjj  **%*  the 
wounds  or  otherwise,  while  in  the  line  of  his  duty  in  gjjjjjj1  Jj^  Jj 
public  service,  he  shall  be  placed  on  the  list  of  invalids  specified  rates. 
of  the  United  States,  at  such  rate  of  pay  and  under  such 
regulations  as  may  be  directed  by  the  President  of  the 
United  States  for  the  time  being  :  Provided  always,  that 
the  compensation  to  be  allowed  for  such  wounds  or  dis- 
abilities,  to  a  commissioned  officer,  shall  not  exceed  for 
the  highest  rate  of  disability  half  the  monthly  pay  of 

13 


be  ex~ 


14  ARMY  AND   NAVY  PENSIONS. 

such  officer,  at  the  time  of  his  being  disabled  or  wounded ; 
and  that  no  officer  shall  receive  more  than  the  half  pay 
of  a  lieutenant-colonel ;  and  that  the  rate  of  compensation 
to  noncommissioned  officers,  musicians,  and  privates,  shall 
inferior  djsa-not  exceed  five  dollars  per  month:  And  provided  also. 

bilities  to  entitle  ,*'•'•••          -»•      t  •*•,•          in          ,',1,1 

to  proportionate  that  all  inferior  disabilities  shall  entitle  the  person  so 

allowances.  .  ,.  . 

disabled  to  receive  an  allowance  proportionate  to  the 
highest  disability.1 
i8u>ct3  stat  I4'     That  all  persons,  of  the  ranks  hereinafter  named,  who 
2%,  c.  68,  sec',  i. ''  are  now  on  the  military  pension  roll  of  the  United  States, 
sna^'  from  and  after  the  passage  of  this  act,  be  entitled 
to,  and  receive,  for  disabilities  of  the  highest  degree,  the 
following  sums,  in  lieu  of  those  to  which  they  are  now  en- 
titled, to  wit:   a  first  lieutenant,  seventeen  dollars;   a 
second  lieutenant,  fifteen  dollars ;  a  third  lieutenant,  f pur- 
teen  dollars ;  an  ensign,  thirteen  dollars ;  and  a  noncom- 
missioned officer,  musician,  or  private,  eight  dollars  per 
month;  and  for  disabilities  of  a  degree  less  than  the 
highest,  a  sum  proportionably  less, 
sec.  2,  id.  And  be  it  further  enacted.  That  all  persons  of  the 

Persons      pro-  .  PIT  -T 

vided  for  by  theaforesaid  ranks,  who  may  hereafter  be  placed  on  the  mili- 

nrst  section  to  be  .  11*1       TT  o  in 

put  on  the  pen-tary  pension  roll  or  the  United  States,  shall,  according  to 

sion  roll  accord-        J.  *  / 

ing  to  the  rates  their  ranks  and  degrees  or  disabilities,  be  placed  on  at 

therein    pre- 

scribed.  the  aforesaid  rates  of  pensions  in  lieu  of  those  hereto- 

fore established:  Provided,  That  nothing  herein  con- 
tained shall  be  construed  to  lessen  the  pension  of  any  per- 
son who,  by  special  provision,  is  entitled  to  a  higher  pen- 
sion than  is  herein  provided, 
sec. 3,  id.  And  ~be  it  further  enacted,  That  all  laws  and  regula- 

Laws  and  regu-  .  . 

tiSonif  etatuf a?  ti°ns  relating  to  the  admission  of  the  officers  and  soldiers 
ne  regular  army  to  be  placed  on  the  pension  roll  of 
the  United  States  shall,  and  they  are  hereby  declared  to 
relate  equally  to  the  officers  and  soldiers  of  the  militia, 
whilst  in  the  service  of  the  United  States. 

1This  and  the  following  act  provide  pensions  for  the  permanent  portion 
of  the  Regular  Army,  both  in  peace  and  in  war,  and  the  provisions  of  those 
acts  were  extended  by  other  acts  to  the  additional  regular  troops  raised 
in  time  of  war  (acts  Jan.  12,  1812  ;  Apr.  8,  1812  ;  Jan.  29,  1813,  sec.  10 ; 
June  15,  1813,  sec.  4  ;  Mar.  2,  1813)  ;  also  to  the  rangers,  volunteers, 
militia,  and  sea  fencibles  called  into  service  during  the  war  with  Great 
Britain  (1812-1815),  the  Black  Hawk  Indian  war  (1832)  (Jan.  2,  1812, 
sec.  4 ;  Feb.  6,  1812,  sec.  5 ;  July  5,  1813,  sees.  1,  2  ;  Apr.  1C,  1816,  sec.  1 ; 
Apr.  24,  1816,  sec.  3 ;  June  15,  1832,  sees.  1-4),  and  to  the  militia  and  vol- 
unteers disabled  by  wounds  in  Gen.  Harrison's  campaign  on  the  Wabash 
against  hostile  Indians  in  1841,  and  other  Indian  disturbances  in 
1836-1838.  (Apr.  10,  1812,  sec.  3 ;  May  23,  1836,  sec.  5.) 

These  acts,  with  the  acts  extending  the  same  to  the  regular  troops, 
volunteers,  and  militia  employed  in  time  of  war,  were  not  reenacted  in 
the  Revised  Statutes  nor  repealed  by  section  5596  of  the  Revised  Statutes. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  15 

The  volunteers  or  militia,  who  have  been  received  into 
;he  service  of  the  United   States,   to   suppress   Indian 
depredations  in  Florida,  shall  be  entitled  to  all  the  bene-  £™esfi£  t 
its  which  are  conferred  on  persons  wounded  or  otherwise  18^ct5  s^r'L  l%' 
disabled  in  the  service  of  the  United  States. 

If  any  officer,  warrant  or  petty  officer,  seaman,  engineer,    IgnsSto  offl- 
first,  second,  or  third  assistant  engineer,  fireman  or  coal-  £f ^Nav^S 
heaver  of  the  Navy  or  any  marine  has  been  disabled  prior  Mar.d4,pi86i? r  to 
to  the  fourth  day  of  March,  eighteen  hundred  and  sixty-  Au|?sh2  iSi  3d 
me  by  reason  of  any  injury  received  or  disease  contracted  f^i^^ltat! 
n  the  service  and  line  of  duty,  he  shall  be  entitled  toL-'403- 
receive  during  the  continuance  of  his  disability  a  pension 
)roportionate  to  the  degree  of  his  disability  not  exceeding 
half  the  monthly  pay  of  his  rank  as  it  existed  in  January 
eighteen  hundred  and  thirty-five.    But  the  pension  of  a 
chief -engineer  shall  be  the  same  as  that  of  a  lieutenant  of 
he  Navy;  the  pension  of  a  first  assistant  engineer  the 
same  as  that  of  a  lieutenant  of  marines ;  the  pension  of  a 
second  or  third  assistant  engineer  the  same  as  that  of  a 
forward  officer;  the  pension  of  a  fireman  or  coal-heaver 
he  same  as  that  of  a  seaman ;  but  an  engineer,  fireman  or 
:oal-heaver  shall  not  be  entitled  to  any  pension  by  reason 
)f  a  disability  incurred  prior  to  the  thirty-first  day  of 
August  eighteen  hundred  and  forty -two. 

If  any  person  referred  to  in  the  preceding  section  has    |ee'ns?on' to 
died  in  the  service,  of  injury  received  or  disease  con-  J^J W0f  *££ 
racted  under  the  conditions  therein  stated,  his  widow Jjjjfjjf theNavy 
;hall  be  entitled  to  receive  half  the  monthly  pay  to  which  Ma?b4?i86PL°r  to 
he  deceased  was  entitled  at  the  date  of  his  death;  and  Aug!*ii|2i848?3ii 
n  case  of  her  death  or  marriage,  the  child  or  children  stat- L"282- 
inder  sixteen  years  of  age  shall  be  entitled  to  the  pension. 
3ut  the  rate  of  pension  herein  allowed  shall  be  governed 
)y  the  pay  of  the  Navy  as  it  existed  in  January,  eighteen 
lundred  and  thirty-five ;  and  the  pension  of  the  widow  of 
i  chief  engineer  shall  be  the  same  as  that  of  a  widow  of  a 
ieutenant  in  the  Navy ;  the  pension  of  the  widow  of  a  first 
assistant  engineer  shall  be  the  same  as  that  of  the  widow 
of  a  lieutenant  of  marines ;  the  pension  of  the  widow  of  a 
second  or  third  assistant  engineer  the  same  as  that  of  the 
widow  of  a  forward  officer ;  the  pension  of  the  widow  of  a 
fireman  or  coal-heaver  shall  be  the  same  as  that  of  the 
widow  of  a  seaman.    But  the  rate  of  pension  prescribed 
by  this  and  the  preceding  section  shall  be  varied  from  and 
after  the  twenty-fifth  day  of  July  eighteen  hundred  and 


16  ARMY  AND   NAVY  PENSIONS. 

sixty-six  in  accordance  with  the  provisions  of  section  four 
thousand  seven  hundred  and  twelve  of  this  Title ;  and  the 
widow  of  an  engineer,  fireman,  or  coal-heaver  shall  not 
be  entitled  to  any  pension  by  reason  of  the  death  of  her 
husband  if  his  death  was  prior  to  the  thirty-first  day  of 
August  eighteen  hundred  and  forty-two. 
sec.  1656,  R.S.  When  any  officer,  noncommissioned  officer,  artificer,  or  ji 

Provision     for  -/J  '.  ,.    '.        , 

widows,  etc.,  of  private  of  the  militia  or  volunteer  corps  dies  in  the  serv- 

those  who  die  in  .  *     .  .       _    ~  .  ,  .         .  .. 

the  service.        ice  of  the  United  States,  or  in  returning  to  his  place  of 

Acts   Mar.   19,         .  .          .     .  . 

1836,  5  stat.  L.,  residence  alter  being  mustered  out  of  service,  or  at  any 

7;  Apr.  10,  1812,  ...  .  •       j    •  j 

sec.  2, 2  stat.  L.,  time  in  consequence  of  wounds  received  in  service,  and 

704;  Apr.  16, 1816, ,  .  ,  .„  .,  ,  .,  ,  i_"ii 

sec.  1,3  stat.  L.,  leaves  a  widow,  or  if  no  widow,  a  child  or  children 

285;  Mar.  3,  1817,         ,  .     .  «  1-1  •  j>  •  i 

sec!  i,  3  stat.  L.,  under  sixteen  years  of  age,  such  widow,  or  if  no  widow, 

sec!  i,Vstat.  L.',  such  child  or  children,  shall  be  entitled  to  receive  half 

sec!  if 5rstat!^',  the  monthly  pay  to  which  the  deceased  was  entitled,  at 

the  time  of  his  death,  during  the  term  of  five  years; 

and  in  case  of  the  death  or  intermarriage  of  such  widow 

before  the  expiration  of  five  years,  the  half-pay  for  the 

remainder  of  the  time  shall  go  to  the  child  or  children 

of  the  decedent.    And  the  Secretary  of  the  Interior  shall 

adopt  such  forms  of  evidence,  in  applications  under  this 

section  as  the  President  may  prescribe. 

wCi'do3w?and     ^ne  wi^ows  and  children  under  sixteen  years  of  age 
minor    children  of  £ne  officers,  noncommissioned  officers,  musicians  and 

of    persons     en-       t  7  ... 

oM8?2iandinthePriva^es  °*  ^e  regulars,  militia,  and  volunteers  of  the 
wSs  3nce  ™ianwar  °^  one  thousand  eight  hundred  and  twelve  and  the 
i87\cti6^tat  L4'var*ous  Indian  wars  since  one  thousand  seven  hundred 
m-'  'and  ninety  who  remained  at  the  date  of  their  death  in 

the  military  service  of  the  United  States,  or  who  re- 
ceived an  honorable  discharge  and  have  died  or  shall 
hereafter  die  of  injury  received  or  disease  contracted 
in  the  service  and  in  the  line  of  duty  shall  be  entitled 
to  receive  half  the  monthly  pay  to  which  the  deceased 
was  entitled  at  the  time  he  received  the  injury  or  con- 
tracted the  disease  which  resulted  in  his  death.  But  no 
half-pay  pension  shall  exceed  the  half  pay  of  a  lieuten- 
ant-colonel and  such  half-pay  pension  shall  be  varied 
after  the  twenty-fifth  day  of  July  one  thousand  eight 
hundred  and  sixty-six  in  accordance  with  the  provisions 
of  section  four  thousand  seven  hundred  and  twelve  of 
this  Title. 

aSf-payRpfn-     ^  those  surviving  widows  and  minor  children  who 
t0chiufc^aven  ^>een  allowed  five  years'  half-pay,  under  the  pro- 
;ienc^ceji;;^t^  visions  of  any  general  laws  passed  prior  to  the  third 
s,  h  'stat.  L.;  day   of   June,   eighteen    hundred    and    fifty-eight,    are 


PENSIONS  BASED   ON  SERVICE  PRIOR  TO   MARCH  4,  1861.  17 

g-ranted  a  continuance  of  such  half-pay,  to  commence 
from  the  date  of  the  last  payment  under  the  respective 
Ads  of  Congress  granting  the  same,  and  on  the  terms 
and  limitations  provided  in  the  following  section. 

Such  half -pay  is  granted  to  such  widows  during  life,    ^n0?stit?eoSn 
and,  where  there  is  no  widow,  to  the  children,  while  under  ^ei510Jrrriage  of 
r>  the  age  of  sixteen  years;  but  in  case  of  the  remarriage  i^n'stS1*-^' 
'  or  death  of  any  such  widow,  the  half-pay  shall  go  to  the  309- 
'[children  of  the  decedent  on  account  of  whose  service  it 
'  is  claimed,  while  such  children  are  under  sixteen  years  of 
I  age,  and  no  longer. 

The  half -pay  of  such  widows  and  children  shall  be    |eact'e72JfRh?if- 
j  half  the  monthly  pay  of  the  officers,  noncommissioned  paje?eisijune  3 
officers,  musicians,  and  privates  of  the  infantry  of  the  J^8'  u  stat-  L- 
Regular  Army,  and  no  more,  and  no  greater  sum  shall 
be  allowed  to  any  such  widow  or  minor  children  than  the 
half -pay  of  a  lieutenant-colonel.    But  the  two  preceding    Limitation. 
j  sections  shall  not  be  construed  to  apply  to  or  embrace  the 
i  case  of  any  person  receiving  a  pension  for  life  on  the 
third  day  of  June,  eighteen  hundred  and  fifty-eight;  and, 
wherever  half-pay  has  been  granted  by  any  special  act  of 
j  Congress,  and  renewed  or  continued  under  the  provisions 
of  those  sections,  the  same  shall  continue  from  the  date 
above  named:  Provided,  That  pensions  under  this  and 
the  two  preceding  sections  shall  be  varied  in  accordance 
ivith  the  provisions  of  section  four  thousand  seven  hun- 
dred and  twelve  of  this  Title. 

The  provisions  of  this  Title  in  respect  to  the  rates  of    |ro\SioA?'S0f 
pension  to  persons  wrhose  right  accrued  since  the  fourth  JJJJJg  acts  ex' 
day  of  March,  eighteen  hundred  and  sixty-one,  are  ex-  i87|ci78^tarL3' 
tended   to   pensioners   whose   right   to   pension   accrued  ^b\m'  h  stat 
under  general  acts  passed  since  the  war  of  the  Revolu-  ^\72f7'  JU-g  \3g 
tion   and  prior  to  the  fourth   day  of  March,  eighteen  st|eeLam3e'nd- 
hnndred  and  sixty-one,  to  take  effect  from  and  after  the  ™f J1^  §£££  L9f' 
twenty-fifth  day  of  July,  eighteen  hundred  and  sixty-six ;  17°- 
and  the  widows  of  revolutionary  soldiers  and  sailors  re- 
ceiving a  less  sum  shall  be  paid  at  the  rate  of  eight  dollars 
per  month  from  and  after  the  twenty-seventh  day  of 
July,  eighteen  hundred  and  sixty-eight.1 

That  section  three  of  an  act  entitled  "An  act  increasing,  Act    June    9, 

ooU,  ZL  otat.  Li.t 

the  pensions  of  widows  and  orphans,  and  for  other  pur- 1™>£  ^  4?12 
poses,"  approved  July  twenty-fifth,  eighteen  hundred  and  R jtse'storing  pen! 
sixty-six,  and  section  thirteen  of  an  act  entitled  "An  actons  in  certain 

1  Rate  increased  to  $12  per  month  by  act  March  19,  1886  (see  p.  62), 
in  cases  of  widows  who  were  married  prior  to  such  date,  or  prior  to  or 
during  the  service  upon  which  the  application  for  pension  is  based. 

8001°— 12 3 


18  ARMY  AND    NAVY  PENSIONS. 

relating  to  pensions,"  approved  July  twenty-seventh, 
eighteen  hundred  and  sixty-eight,  and  section  forty-seven 
hundred  and  twelve  of  the  Revised  Statutes,  shall  not 
operate  to  reduce  the  rate  of  any  pension  which  had  actu- 
ally been  allowed  to  the  commissioned,  noncommissioned, 
or  petty  officers  of  the  Navy  or  their  widows  or  minor 
children,  prior  to  the  twenty-fifth  day  of  July,  eighteen 
hundred  and  sixty-six  ;  and  the  Secretary  of  the  Interior 
is  hereby  directed  to  restore  all  such  pensions  as  have 
already  been  so  reduced  to  the  rate  originally  granted  and 
allowed,  to  take  effect  from  the  date  of  such  reduction. 
sec.  4713,  R.S.  In  all  cases  in  which  the  cause  of  disability  or  death 

Commence-..  i  •        i  •  •  if  i»  -m  «• 

ment  of  antere-  originated  in  the  service  prior  to  the  fourth  day  of  March, 

bellion  pensions.      .    *  f  i-         • 

sec.  19,  Mar.  3,  eighteen  hundred  and  sixty-one,  and  an  application  for 

1873,  17  Stat.  L.,  .  n-i     t        •   i   •         t  i» 

573;  sec.  13,  June  pension  shall  not  have  been  filed  within  three  years  from 
L'.,  58;  sec.  3,  July  the  discharge  or  death  of  the  person  on  whose  account  the 

25,  1866,  14  Stat.  .  . 

L.,23o.  claim  is  made,  or  writhin  three  years  of  the  termination 

of  a  pension  previously  granted  on  account  of  the  service 
and  death  of  the  same  person,  the  pension  shall  commence 
from  the  date  of  filing  by  the  party  prosecuting  the 
claim  the  last  paper  requisite  to  establish  the  same.  But 
no  claim  allowed  prior  to  the  sixth  day  of  June,  eighteen 
hundred  and  sixty-six,  shall  be  affected  by  anything 
herein  contained. 

i878Ct2o  &t£  L9'      That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 

27,  c'.  28,  sec.  i.   'authorized   and   directed   to   place   on   the  pension-rolls 

Enlisted  men.  the   names   of   the   surviving   officers   and   enlisted   and 

drafted  men,  without  regard  to  color,  including  militia 

and   volunteers,   of  the   military   and   naval   service  of 

the  United  States,  who  served  for  fourteen  days  in  the 

Warofi8i2.      war  with  Great  Britain  of  eighteen  hundred  and  twelve, 

066  Jv.   O.j  SCCS, 

inclu~°r,who  wTere  in  any  engagement  and  were  honorably  dis- 
charged, and  the  surviving  widows  of  such  officers  and 
enlisted  and  drafted  men. 


!trsonsdnot  en-       ^hat    ^S    act    Sna^    not   aPPty    to    anJ    person    who    is 

titled.  receiving  a  pension  at  the  rate  of  eight  dollars  per  month 

or  more,  nor  to  any  person  receiving  a  pension  of  less 
than  eight  dollars  per  month,  except  for  the  difference 
between  the  pension  now  received  (if  less  than  eight  dol- 
lars  per  month)  and  eight  dollars  per  month.  Pensions 
under  this  act  shall  be  at  the  rate  of  eight  dollars  per 
month,  except  as  herein  provided,  and  shall  be  paid  to 
the  persons  entitled  thereto,  from  and  after  the  passage 


con' 


PENSIONS  BASED  ON   SERVICE  PRIOR  TO   MARCH  4,  1861.  19 


of  this  act,  for  and  during  their  natural  lives :  Provided,  t™™*^ 
That  the  pensions  to  widows  provided  for  in  this  act  shall  on  remarriage. 
cease  when  they  shall  marry  again. 

That  before  the  name  of  any  person  shall  be  placed    fj^' JJ- ulred 
upon  the  pension-rolls  under  this  act  proof  shall  be  made,  £jnplace  name  on 
under  such  rules  and  regulations  as  the  Commissioner  of 
Pensions,   with  the    approval   of   the   Secretary   of  the 
Interior,  shall  prescribe,  that  the  applicant  is  entitled  to 
a  pension   under  this   act;   and   any  person  who   shall  penalty  for  false 
falsely  take  any  oath  required  to  be  taken  under  the  pro- 
visions of  this  act  shall  be  guilty  of  perjury ;  and  the  Sec- 
retary of  the  Interior  shall  cause  to  be  stricken  from  the ro11- 
rolls  the  name  of  any  person  when  it  shall  appear,  by 
proof  satisfactory  to  him,  that  such  name  was  put  on  said 
rolls  by  or  through  false  or  fraudulent  representations,  or 
by  mistake  as  to  the  right  of  such  person  to  a  pension 
under  this  act.     The  loss  or  lack  of  a  certificate  of  dis-  C^T°*  s 
charge  shall  not  deprive  the  applicant  of  the  benefit  of  capero°fba,{- 
this  act,  but  other  proof  of  the  service  performed  and  of  ice-nowsnown- 
an  honorable  discharge,  if  satisfactory,  shall  be  deemed 
sufficient;  and  when  there  is  no  record  evidence  of  such 
service  and  such  discharge,  the  applicant  may  establish 
the  same  by  other  satisfactory  testimony :  Provided,  That  ser^,edanSCh0£ 
when  any  person  has  been  granted  a  land- warrant  under  orablediscnarge- 
any  act  of  Congress  for  and  on  account  of  service  in  the 
said  war  of  eighteen  hundred  and  twelve,  such  grant 
shall  be  prima  facie  evidence  of  his  service  and  honorable 
discharge,  so  as  to  entitle  him,  if  living,  or  his  widow,  if 
he  be  dead,  to  a  pension  under  this  act ;  but  such  evidence 
shall  not  be  conclusive,  and  may  be  rebutted  by  evidence 
that  such  land-warrant  was  improperly  granted. 

That  all  applications  for  pensions  of  the  classes  pro-    fSp&JSfoni  t> 
vided  for  in  this  act  heretofore  or  which  may  hereafter  be  considered. 
be  made  shall  be  considered  and  decided  as  though  made 
under  this  act ;  and  all  laws  now  in  f orc*e  in  regard  to  the 
manner  of  paying  pensions,  and  in  reference  to  the  pun- 
ishment of  frauds,  shall  be  applicable  to  all  claims  under 
the  provisions  of  this  act. 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 


authorized  and  directed  to  restore  to  the  pension  rolls  thenames\dr°pped 

A  from  rolls  to  be 

names  of  all  persons  now  surviving  heretofore  pensioned  restored, 
on  account  of  service  in  the  war  of  eighteen  hundred 
and  twelve  against  Great  Britain,  or  for  service  in  any 
of  the  Indian  wars,  and  whose  names  were  stricken  from 


20  ARMY  AND   NAVY   PENSIONS. 

the  rolls  in  pursuance  of  the  act  entitled  "An  act  author- 
izing the  Secretary  of  the  Interior  to  strike  from  the 
pension-rolls  the  names  of  such  persons  as  have  taken 
up  arms  against  the  government,  or  who  have  in  any 
i862Cti2sfat  L*|  manner    encouraged    the    rebels,"    approved    February 
337-'  'fourth,  eighteen  hundred  and  sixty-two;  and  that  the 

tio^Mar  2ei867"J°int  resolution  entitled  "Joint  resolution  prohibiting 
ancfsec'  feie^e-  payment  by  any  officer  of  the  government  to  any  per- 
peaied.  son  no^  known  to  have  been  opposed  to  the  rebellion  and 

in  favor  of  its  suppression,"  approved  March  second, 
eighteen   hundred   and   sixty-seven,   and   section    forty- 
seven  hundred  and  sixteen  of  the  Revised  Statutes  of 
the  United  States,  shall  not  apply  to  the  persons  pro- 
f QNo   PJJ™61^  vided  for  by  this  act :  Provided,  That  no  money  shall  be 
suspension.        paid  to  anyone  on  account  of  pensions  for  the  time  during 

which  his  name  remained  stricken  from  the  rolls. 

wl'd'ows  en-     That  the  surviving  widow  of  any  pensioner  of  the 

titled.  war  of  eighteen  hundred  and  twelve  where  the  name 

of  said  pensioner  was  stricken  from  the  pension-rolls  in 

pursuance  of  the  act  entitled  "An  act  authorizing  the 

Secretary  of  the  Interior  to  strike  from  the  pension-rolls 

the  names  of  such  persons  as  have  taken  up  arms  against 

the  government,  or  who  have  in  any  manner  encouraged 

the  rebels,"  approved  February  fourth,  eighteen  hundred 

and  sixty-two,  and  where,  under  the  existing  provisions 

of  law,   said  pensioner   died   without  his   name   being 

restored  to  the  rolls,  shall  be  entitled  to  make  claim  for 

a  pension  as  such  widow  after  the  passage  of  this  act: 

lowed  arrears  ^'  Provided,  That  no  such  arrearages  shall  be  paid  for  any 

period  prior  to  the  time  of  the  removal  of  the  disability 

of  the  pensioner,  as  provided  in  section  five:  And  pro- 

R Evolutionary  v^ded  further,  That  under  this  act  any  widow  of  a  revo- 

seri«iiei4S  Ada1ys^u^onary  soldier  who  served  for  fourteen  days  or  was 

(see  act  Mar^io) Ul  an7  engagement  shall  be  placed  upon  the  pension-rolls 

issG,  24  stat.  L.,  cf  tne  united  States,  and  receive  a  pension  at  the  rate  of 

eight  dollars  per  month. 
sec.  7,  id.  That  all  laws  and  clauses  of  laws  in  conflict  with  this 

act  be,  and  they  are  hereby,  repealed. 

i892Ct27Jstat  £7'  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
28surv?vuigSeCofiil  authorized  and  directed  to  place  on  the  pension  roll  the 
Sen  ^ho^erved  names  °^  the  surviving  officers  and  enlisted  men,  includ- 
wars^om  isEz  to  *n£  mai>ines,  militia,  and  volunteers  of  the  military  and 
1842  pensioned.  naval  service  of  the  United  States,  who  served  for  thirty 
days  in  the  Black  Hawk  war,  the  Creek  war,  the  Chero- 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  21 

kee  disturbances,  or  the  Florida  war  with  the  Seminole 

Indians,  embracing  a  period  from  eighteen  hundred  and 

thirty-two  to  eighteen  hundred  and  forty-twTo,  inclusive, 

and  were  honorably  discharged,  and  such  other  officers, 

soldiers,  and  sailors  as  may  have  been  personally  named 

in  any  resolution  of  Congress,  for  any  specific  service  inentitle- 

said  Indian  wars,  although  their  term  of  service  may 

have  been  less  than  thirty  days,  and  the  surviving  widows    widows. 

of  such  officers  and  enlisted  men:  Provided,  That  such 

widows  have  not  remarried:  Provided  further,  That  this  tiljeoreigners'  no 

act  shall  not  apply  to  any  person  not  a  citizen  of  the 

United  States. 

That  pensions  under  this  act  shall  be  at  the  rate  of    I^'S'  pen- 
eight  dollars  per  month,  and  payable  from  and  after  the  J*0°  g^  $8  p  e  r 
passage  of  this  act,  for  and  during  the  natural  lives  of 
the  persons  entitled  thereto. 

That  before  the  name  of  any  person  shall  be  placed  on    ^  3>gecretary 
the  pension  roll  under  this  act,  proof  shall  be  made,  under  p^riS^s. to 
such  rules  and  regulations  as  the  Secretary  of  the  In- 
terior may  prescribe,  of  the  right  of  the  applicant  to  a 
pension ;  and  any  person  who  shall  falsely  and  corruptly  jufyalse  oath  peT' 
take  any  oath  required  under  this  act  shall  be  deemed 
guilty  of  perjury;  and  the  Secretary  of  the  Interior  shall  st^f<fken°from 
cause  to  be  stricken  from  the  pension  roll  the  name  of rollforfraud- 
any  person  whenever  it  shall  be  made  to  appear  by  proof 
satisfactory  to  him  that  such  name  was  put  upon  such 
roll  through  false  and  fraudulent  representations,  and 
that  such  person  is  not  entitled  to  a  pension  under  this 
act.     The  loss  of  the  certificate  of  discharge  shall  not    LOSS   of  dis- 

.  charge    certifi- 

deprive  any  person  of  the  benefits  of  this  act,  but  other  cate  not  a  bar. 
evidence  of  service  performed  and  of  an  honorable  dis- 
charge may  be  deemed  sufficient. 

That  this  act  shall  not  apply  to  any  person  who  is  re-    sec.  4,  id. 

L    J        .        J    r  Not  in  addition 

ceiving  a  pension  at  the  rate  of  eight  dollars  per  month  *?onexisting  P611' 
or  more,  nor  to  any  person  receiving  a  pension  of  less 
than  eight  dollars  per  month,  except  for  the  difference 
between  the  pension  now  received  (if  less  than  eight  dol- 
lars per  month)  and  eight  dollars  per  month. 

That  the  pension  laws  now  in  force,  which  are  not 
inconsistent  or  in  conflict  with  this  act,  are  hereby  made 
a  part  of  this  act,  so  far  as  they  may  be  applicable 
thereto. 

That  section  forty-seven  hundred  and  sixteen  of  the  ^J^}J'B  g 
Revised  Statutes  is  hereby  repealed,  so  far  as  the  same  ?ersreSlnf0iga not 
relates  to  this  act  or  to  pensioners  under  this  act.  excluded. 


22  ARMY  AND   NAVY  PENSIONS. 

Act  2June  27,     That  the  provisions,  limitations,  and  benefits  of  the  act 

39s'urVivors    0fW&tled  "An  Act  granting  pensions  to  survivors  of  the 

(1817-1858)  waem-  Indian    wars    of   eighteen   hundred   and    thirty-two  to 

si°Actd'  Jui     27  eighteen  hundred  and  forty-two,  inclusive,  known  as  the 

1892,  amended.  'Black  Hawk  vwar,    Creek   war,    Cherokee   disturbances, 

and  the  Seminole  war,"  approved  July  twenty-seventh, 

eighteen  hundred  and  ninety-two,  be,  and  the  same  are 

hereby,  extended,  from  the  date  of  the  passage  of  this  Act, 

to  the   surviving  officers   and    enlisted   men,   including 

marines,  militia,  and  volunteers  of  the  military  and  naval 

Thirty    days'  service  of  the  United  States  who  served  for  thirty  days 

service    and    an  J 

char0?  blereredui"or  more  an(^  were  honorably  discharged  under  the  United 
slte-  States   military,   State,   Territorial,    or   provisional    au- 

thorities in  the  Florida  and  Georgia  Seminole  Indian 
war  of  eighteen  hundred  and  seventeen  and  eighteen 
hundred  and  eighteen;  the  Fevre  River  Indian  war  of 
Illinois  of  eighteen  hundred  and  twenty-seven;  the  Sac 
and  Fox  Indian  war  of  eighteen  hundred  and  thirty- 
one  ;  the  Sabine  Indian  disturbances  of  eighteen  hundred 
and  thirty  -six  and  eighteen  hundred  and  thirty-seven; 
the  Cayuse  Indian  war  of  eighteen  hundred  and  forty- 
seven  and  eighteen  hundred  and  forty-eight,  on  the  Pa- 
cific coast;  the  Florida  wars  with  the  Seminole  Indians, 
from  eighteen  hundred  and  forty-two  to  eighteen  hun- 
dred and  fifty-eight,  inclusive  ;  the  Texas  and  New  Mexico 
Indian  war  of  eighteen  hundred  and  forty-nine  to  eight- 
een hundred  and  fifty-six;  the  California  Indian  dis- 
turbances of  eighteen  hundred  and  fifty-one  and  eighteen 
hundred  and  fifty-two;  the  Utah  Indian  disturbances  of 
eighteen  hundred  and  fifty  to  eighteen  hundred  and  fifty- 
three,  inclusive,  and  the  Oregon  and  Washington  Terri- 
tory Indian  wars  from  eighteen  hundred  and  fifty-one  to 
eighteen  hundred  and  fifty-six,  inclusive  ;  and  also  to  in- 
clude the  surviving  widows  of  such  officers  and  enlisted 


have  men  :  ftww&facft  That  such  widows  have  not  remarried: 
entifiedremarried  ^~n^  Prov^ed  further.  That  where  there  is  no  record  of 
to  Pab-  enlistment  or  muster  into  the  service  of  the  United  States 


^  tne  wars  mentioned  in  this  Act  the  record  of 
muster.  pay  by  the  United  States  shall  be  accepted  as  full  and  sat- 

isfactory proof  of  such  enlistment  and  service  :  And  pro- 
nuntndvoidtract  v^e^  further,  That  all  contracts  heretofore  made  between 
the  beneficiaries  under  this  Act  and  pension  attorneys  and 
claim  agents  are  hereby  declared  null  and  void.1 

*  By  resolution  of  April  28,  1904,  33  Stat.  L.,  591,  the  military  rolls  and 
records  of  the  Indian  wars  or  any  other  wars  prior  to  the  Civil  War  were 
transferred  from  the  Interior  Department  to  the  Record  and  Pension  Office, 
War  Department. 


PENSIONS  BASED  ON   SERVICE  PRIOR  TO   MARCH  4,  1861.  23 

That  the  provisions,  limitations,  and  benefits  of  an  Act  19^t35^tJtj  L°' 
entitled  "An  Act  granting  pensions  to  survivors  of  the553'0-230- 
Indian  wars  of  eighteen  hundred  and  thirty-two  to  eight-    Indian  wars, 
een   hundred    and    forty-two,   inclusive,   known    as  the 
Black  Hawk   war,    Creek   war,    Cherokee   disturbances, 
and  the  Seminole  war,''  approved  July  twenty-seventh, 
eighteen  hundred  and  ninety-two,  be,  and  the  same  are 
hereby,  extended  from  the  date  of  the  passage  of  this 
Act  to  the  surviving  officers  and  enlisted  men  of  the  Texas  ser^fce81^118  ex- 
volunteers  who  served  in  the  defense  of  the  frontier  of  ^lunteeX  >Texas 
that  State  against  Mexican  marauders  and  Indian  depre- 
dations from  the  year  eighteen  hundred  and  fifty-five  to 
the  year  eighteen  hundred  and  sixty,  inclusive;  and  also 
to  include  the  surviving  widows  of  such  of  said  officers    widows, 
and  enlisted  men :  Provided,  That  such  widows  have  not    Proviso, 
remarried :  Provided  further,  That  where  there  is  no    Restriction, 
record  of  enlistment  or  muster  into  the  service  of  the    Proof. 
United  States  in  the  service  mentioned  in  this  Act  the 
fact  of  reimbursement  to  Texas  by  the  United  States, 
as  evidenced  by  the  muster  rolls  and  vouchers  on  file  in 
the  War  Department,  shall  be  accepted  as  full  and  satis- 
factory proof  of  such  enlistment  and  service:  And  pro- 
vided further.  That  all  contracts  heretofore  made  be-    contracts  with 

'       .       .  attorneys,      etc., 

tween  the  beneficiaries  under  this  Act  and  pension  attor-  void- 
neys  and  claim  agents  are  hereby  declared  null  and  void. 

That  the  Commissioner  of  Pensions  be,  and  he  is  hereby,  2?itatF  L^  ^c' 
authorized  and  directed  to  accept  as  sufficient  proof  of  ^citizenship   in 
the  citizenship  of  an  applicant  for  pension  under  said  J^^*^]?  a  r 
act  of  July  twenty-seven,  eighteen  hundred  and  ninety- 
two,  the  fact  that  such  applicant  at  the  date  of  the  appli- 
cation was  an  actual  and  bona  fide  resident  of  the  United 
States. 

Any  officer,  noncommissioned  officer,  musician  or  pri-    ^xiS'  Rwar 
vate,  whether  of  the  Regular  Army  or  volunteers  disa-  uSrT3 disabled 
bled  by  reason  of  injury  received  or  disease  contracted  P61181011^- 
while  in  the  line  of  duty  in  actual  service  in  the  war  with  i8f|°  ^'statf  i?.' 
Mexico,  or  in  going  to  or  returning  from  the  same,  who  10* 
received  an  honorable  discharge,  shall  be  entitled  to  a 
pension  proportionate  to  his  disability,  not  exceeding  for 
total  disability  half  the  pay  of  his  rank  at  the  date  at 
which  he  received  the  wound  or  contracted  the  disease 
which  resulted  in  such  disability.     But  no  pension  shall 
exceed  half  the  pay  of  a  lieutenant-colonel. 


24  ARMY   AND   NAVY   PENSIONS. 

sec.  4731,  R.  s.      jf  any  officer  or  other  person  referred  to  in  the  pre- 

Widows      and  * 

children  of  Regu- ce(jinpr  section  has  died  or  shall  hereafter  die  by  reason 

lars     or     Volun- 
teers in  the  Mexi- Qf  any  injury  received  or  disease  contracted  under  the 
can  War.  *          j       %/ 

2iSei8481'  9'  stat7  circumstances  therein  set  forth,  his  widow  shall  be  en- 
F'eb  22^  1849  \  titled  to  receive  the  same  pension  as  the  husband  would 
iepi*  2s'  3i485;o^9  nave  ^een  entitled  to  had  he  been  totally  disabled ;  and 
ftoi^-'*tf;J£jJ;iH  case  of  her  death  or  remarriage,  the  child  or  children 
L-»572-  of  such  officer  or  other  person  referred  to  in  the  preceding 

section,  while  under  the  age  of  sixteen  years,  shall  be  en- 
titled to  receive  the  pension.    But  the  rate  of  pension  pre- 1 
scribed  by  this  and  the  preceding  section  shall  be  varied 
after  the  twenty-fifth  day  of  July,  eighteen  hundred  and 
sixty-six,  in  accordance  with  the  provisions  of  section  | 
four  thousand  seven  hundred  and  twelve  of  this  Title. 

1887*24  s£t.  S.',     That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 

371,  c.  70,  sec.  i.    authorized  and  directed  to  place  on  the  pension-roll  the 

Mexican    war  names  of  the  surviving  officers  and  enlisted  men,  includ- 

survivors    pen-.  .  . 

sioned.  ing  marines,  militia,  and  volunteers,  of  the  military  and 

naval  services  of  the  United  States,  who  being  duly  en- 
sixty  days' listed,  actually  served  sixty  days  with  the  Army  or  Navy 

service  requisite. 

of  the  United  States  in  Mexico,  or  on  the  coasts  or  fron- 
tier thereof  or  en  route  thereto,  in  the  war  with  that  na- 
tion, or  were  actually  engaged  in  a  battle  in  said  war, 
and  were  honorably  discharged,  and  to  such  other  officers 
and  soldiers  and  sailors  as  may  have  been  personally 
named  in  any  resolution  of  Congress  for  any  specific 
service  in  said  war,  and  the  surviving  widow  of  such 
widows'  title,  officers  and  enlisted  men :  Provided,  That  such  widows 
survivors     or  have  not  remarried  i  Provided.  That  every  such  officer, 

their  widows,  62  t  ' 

years  of  age,  dis-  enlisted  man,  or  widow  who  is  or  may  become  sixty-two 

abled  or  depend- 
ent, entitled,        years  of  age,  or  who  is  or  may  become  subject  to  any 

disability  or  dependency  equivalent  to  some  cause  pre- 
scribed or  recognized  by  the  pension  laws  of  the  United 
States  as  a  sufficient  reason  for  the  allowance  of  a  pen- 
inhibition.  sionj  snaii  be  entitled  to  the  benefits  of  this  act ;  but  it 
shall  not  be  held  to  include  any  person  not  within  the 
rule  of  age  or  disability  or  dependence  herein  defined,  or 
who  incurred  such  disability  wThile  in  any  manner  vol- 
untarily engaged  in  or  aiding  or  abetting  the  late  rebel- 
lion against  the  authority  of  the  United  States, 
sec.  2,  id.  That  pensions  under  section  one  of  this  act  shall  be 

sion.  at  the  rate  of  eight  dollars  per  month 1  and  payable  only 

1  Rate  of  pension  to  widows  increased  to  $12  per  month  by  sec.  1,  act 
Apr.  19,  1908  (35  Stat.  L.,  64,  c.  147).  See  p.  65. 

Rate  of  survivors  increased  by  act  Jan.  5,  1893,  act  Apr.  23,  1900,  and 
act  Mar.  3,  1903,  all  post.  See  also  act  Feb.  6,  1907,  post,  p.  27. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  25 


from  and  after  the  passage  of  this  act,  for  and  during 
the  natural  lives  of  the  persons  entitled  thereto,  or  during 
the  continuance  of  the  disability  for  which  the  same  shall 
be  granted:  Provided,  That  section  one  of  this  act  shall 
not  apply  to  any  person  who  is  receiving  a  pension  at  the 
rate  of  eight  dollars  per  month  or  more,  nor  to  any  per- 
son receiving  a  pension  of  less  than  eight  dollars  per 
month,  except  for  the  difference  between  the  pension  now 
received  (if  less  than  eight  dollars  per  month)  and  eight 
dollars  per  month. 

That  before  the  name  of  any  person  shall  be  placed    SShSA^^. 
on  the  pension-roll  under  this  Act,  proof  shall  be  made,  Sedtobyepthe 
under  such  rules  and  regulations  as  the  Secretary  of  the  feer^ertary  of  In' 
Interior  may  prescribe,  of  the  right  of  the   applicant 
to  a  pension ;  and  any  person  who  shall  falsely  and  cor- 
ruptlv  take  any  oath  required  under  this  act  shall  be ,  Fajse  oath  to 

r     J  «/  i  be    deemed   per- 

deemed  guilty  of  perjury;  and  the  Secretary  of  the  Inte-J'ury- 
rior  shall  cause  to  be  stricken  from  the  pension-roll  the 
name  of  any  person  whenever  it  shall  be  made  to  appear 
by  proof  satisfactory  to  him  that  such  name  was  put 
upon  such  roll  through  false  and  fraudulent  representa- 
tions, and  that  such  person  is  not  entitled  to  a  pension 
under  this  act.     The  loss  of  the  certificate  of  discharge  ti^°st|   °J   jg£ 
shall  not  deprive  any  person  of  the  benefits  of  this  act,charge- 
but  other  record  evidence  of  enlistment  and  service  and 
of   an   honorable   discharge  may  be   deemed   sufficient: 
Provided,  That  when  any  person  has  been  granted   a 
land- warrant,  under  any  act  of  Congress,  for  and  oncharge- 
account  of  service  in  the  said  war  with  Mexico,  such 
grant  shall  be  prima  facie  evidence  of  his  service  and 
honorable  discharge ;  but  such  evidence  shall  not  be  con- 
clusive, and  may  be  rebutted  by  evidence  that  such  land- 
warrant  was  improperly  granted. 

That  the  pension  laws  now  in  force  which  are  not    f^^nct  in- 
inconsistent  or  in  conflict  with  this  act  are  hereby  made^foS  made 
a  part  of  this  act,  so  far  as  they  may  be  applicable 
thereto. 

That  section  forty-seven  hundred  and  sixteen  of  the  l^tion^ne  re- 
Revised  Statutes  is  hereby  repealed  so  far  as  the  sameg^tsso  far  M 
relates  to  this  act  or  to  pensioners  under  this  act. 

That  the  provisions  of  this  act  shall  not  apply  to  any    1^^?"  disa- 
person  while  under  the  political  disabilities  imposed  bybil^aled     by 
the   fourteenth   amendment   to   the   constitution   of   the30*11"166'1898- 
United  States. 


26  ARMY  AND    NAVY  PENSIONS. 

14  amend,  con.      T$O  person  shall  be  a  Senator  or  Representative  in  Con- 
"  gress?  or  elect°r  °^  President  and  Vice  President,  or  hold 


any  office,  civil  or  military,  under  the  United  States,  or 
under  any  State,  who,  having  previously  taken  an  oath, 
as  a  member  of  Congress,  or  as  an  officer  of  the  United 
States,  or  as  a  member  of  any  State  legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the 
Constitution  of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the  enemies  thereof.  But  Congress  may  I 
by  a  vote  of  two-thirds  of  each  House,  remove  such 
disability. 

i898Ct3ostat  L'     That  the  disability  imposed  by  secton  three  of  the 
43poiSi   disa-  fourteenth  amendment  to  the  Constitution  of  the  United 
bmty  removed.    States  heretofore  incurred  is  hereby  removed. 
Act  Jan.  5, 1893,     That  the  Secretary  of  the  Interior  be,  and  he  is  here- 

£1    otat     Li.,    41o, 

c'increase  in^'  authorized  to  increase  the  pension  of  every  pensioner 
war  cases16110"1  wno  *s  now  on  ^ne  ro^s  a^  eight  dollars  per  month  on 
account   of   services   in   the   Mexican   war    and    who   is 
wholly  disabled  for  manual  labor,  and  is  in  such  desti- 
tute circumstances  that  eight  dollars  per  month  are  in- 
sufficient to  provide  him  the  necessaries  of  life,  to  twelve 
dollars  per  month. 
Act   Apr.   23,     That  the  benefits  of  the  act  entitled  "An  Act  granting 

1900,  31  St<it.  Jj.j  9  /•  •  •  /» 

137,  c.  251.         increase  of  pension  to  soldiers  of  the  Mexican  war  in 

Mexican     War  .  ,.  „ 

survivors.          certain  cases,    approved  January  fifth,  eighteen  hundred 

Increase    of  .  J 

m  cer-and  ninety-three,  be,  and  they  are  hereby,  extended  to 
all  survivors  of  the  Mexican  war  who  are  pensionable 
under  existing  Mexican  war  service  pension  laws,  and 
who  have  become  or  may  hereafter  become  wholly  dis- 
abled for  manual  labor  and  in  such  destitute  circum- 
stances that  eight  dollars  per  month  are  insufficient  to 
provide  them  the  necessaries  of  life,  irrespective  of  the 
date  of  the  granting  of  the  said  service  pension. 
Act  Mar.  3,  That  the  Secretary  of  the  Interior  be,  and  he  is  here- 

1903,  32  Stat.  L., ,  ,.  _     * . 

1228,  c.  1021.        by,  authorized  and  directed  to  place  on  the  pension  roll, 
pension    to    aii  at  the  rate  of  twelve  dollars  per  month,  all  Mexican 

Mexican  War  sur- 
vivors, war  survivors  now  on  the  roll,  or  who  may  hereafter 

be  placed  on  the  roll,  under  the  Acts  of  January  twenty- 
ninth,  eighteen  hundred  and  eighty-seven,  March  third, 
eighteen  hundred  and  ninety-one,  and  February  fifth, 
eighteen  hundred  and  ninety-seven.1 

!Acts   Mar.    2,    1889,   July   27,    1892,   and  Mar.    1895,   relieved   certain 
persons  who  served  in  the  Mexican  War  from  the  charge  of  desertion. 

• 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861. 


27 


That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  18^f26  sSt.  L.', 
authorized  and  directed  to  place  on  the  pension-roll  the  14p^S     for 
1  names   of   all    of   the   honorably    discharged   surviving  enTSaHon°w" 
officers  and  enlisted  men  of  Powell's  Battalion  of  Missouri 
Mounted  Volunteers,  raised  under  the  act  of  Congress 
of  May  thirteenth,  eighteen  hundred  and  forty-six,  for 
service  during  the  war  with  Mexico;  and  the  names  of 
the  surviving  widows  of  such  officers  and  enlisted  men, 
subject  to  the  limitations  and  regulations  of  the  pension 
laws  of  the  United  States  for  pensioning  the  survivors 
of  the  war  with  Mexico. 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  i^f 29  ^tat.  ill 
authorized  and  directed  to  place  on  the  pension  roll  the^Gr'ay^'s  bat- 
names    of   all   of   the   honorably    discharged   surviving  p^isfoned!™ 
officers  and  enlisted  men  of  Gray's  Battalion  of  Arkansas 
Volunteers,  raised  under  the  Act  of  Congress  of  May 
thirteenth,  eighteen  hundred  and  forty-six,  for  service 
during  the  war  with  Mexico;  and  the  names  of  surviv- 
ing widows  of  such  officers  and  enlisted  men,  subject  to 
the  limitations  and  regulations  of  the  pension  laws  of 
the  United  States  for  pensioning  the  survivors  of  the 
war  with  Mexico. 

That  any  person  who  served  ninety  days  or  more  in 
the  military  or  naval  service  of  the  United  States  during 
the  late  civil  war  or  sixty  days  in  the  war  with  Mexico, 
and  who  has  been  honorably  discharged  therefrom,  and 
who  has  reached  the  age  of  sixty-two  years  or  over,  shall, 
upon  making  proof  of  such  facts  according  to  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may  pro- 
vide, be  placed  upon  the  pension  roll,  and  be  entitled  to 
receive  a  pension  as  follows:  In  case  such  person  has  Rattog- 
reached  the  age  of  sixty-two  years,  twelve  dollars  per 
month ;  seventy  years,  fifteen  dollars  per  month ;  seventy- 
five  years  or  over,  twenty  dollars  per  month;  and  such 
pension  shall  commence  from  the  date  of  the  filing  of  the 
application  in  the  Bureau  of  Pensions  after  the  passage 
and  approval  of  this  Act :  Provided.  That  pensioners  who  Provisos- 

f  r  Present  pen- 

are  sixtv-two  vears  of  age  or  over,  and  who  are  now  sioners  and  ap- 

.    .     J  J  plicants  entitled. 

receiving  pensions  under  existing  laws,  or  whose  claims 
are  pending  in  the  Bureau  of  Pensions,  may,  by  applica- 
tion to  the  Commissioner  of  Pensions  in  such  form  as 
he  may  prescribe,  receive  the  benefits  of  this  Act;  and 
nothing  herein  contained  shall  prevent  any  pensioner  or 
person  entitled  to  a  pension  from  prosecuting  his  claim 


34  Itat. 


Mexican 


28  ARMY  AND   NAVY  PENSIONS. 

and  receiving  a  pension  under  any  other  general  or  specia 
:  Provided,  That  no  person  shall  receive  a  pensior 
under  any  other  law  at  the  same  time  or  for  the  samt 
period  that  he  is  receiving  a  pension  under  the  pro 

Restriction,  visions  of  this  act  i  Provided  further,  That  no  person  whc 
is  now  receiving  or  shall  hereafter  receive  a  greater  pen 
sion  under  any  other  general  or  special  law  than  h< 
would  be  entitled  to  receive  under  the  provisions  hereir 
shall  be  pensionable  under  this  Act. 

sec.  2,  id.  That  rank  in  the  service  shall  not  be  considered  in 

Rank  in  service 

not  considered,    applications  filed  hereunder. 
sec.  3,  id.  That  no  pension  attorney,  claim  agent,  or  other  persor 

Agents  not  en-    ,     ,,  ,  ..,,     -,   ,  ,  .          „ 

titled  to  compen-  shall  be  entitled  to  receive  any  compensation  for  services 
rendered  in  presenting  any  claim  to  the  Bureau  of  Pen- 
sions, or  securing  any  pension,  under  this  Act. 

i9OTCt34  EMM  L4'     *    *    *    And  provided  further,  That  the  benefits  of  th 
i4ot>i  c.  2920,  part.  Act  of  February  sixth,  nineteen  hundred  and  seven,  en- 
acf^eb.10^  190?! titled  "^n  Act  granting  pensions  to  certain  enlisted  men 
extended ^o  cer-  soldiers,  and  officers  who  served  in  the  civil  war  and  th< 
beneficiaries3    ofwar  with  Mexico,"  are  hereby  extended  to  include  any 
person  who  served  the  period  of  time  therein  specifiec 
during  the  late  civil  war  or  in  the  war  with  Mexico 
and  who  is  now  or  may  hereafter  become  entitled  to  pen- 
sion under  the  Acts  of  June  twenty-seventh,  eighteen 
hundred  and  ninety,  February  fifteenth,  eighteen  hun- 
dred and  ninety-five,  and  the  joint  resolution  of  July 
first,  nineteen  hundred  and  two,  or  the  Acts  of  January 
twenty-ninth,  eighteen  hundred  and  eighty-seven,  March 
third,  eighteen  hundred  and  ninety-one,  and  February 
seventeenth,  eighteen  hundred  and  ninety-seven. 

HISTORICAL  DATA  AS  TO  PENSION  LEGISLATION  RELAT- 
ING TO  THE  WAR  OF  THE  REVOLUTION,  THE  WAR  OF 
1812,  AND  VARIOUS  INDIAN  WARS. 

REVOLUTIONARY  WAR. 

Section  1,  act  April  10,  1806,  2  Stat.  L.,  376,  provided 
pensions  for  known  wounds  incurred  by  those  who  ren- 
dered service  in  said  war.  Section  4  of  this  act  fixed  the 
date  of  commencement  of  pension,  and  section  6  fixed 
the  rates  of  pension. 

Acts  April  25,  1812,  2  Stat.  L.,  719;  May  15,  1820,  3 
Stat.  L.,  597;  February  4,  1822,  3  Stat.  L.,  650;  and  May 
24,  1828,  4  Stat.  L.,  307,  continued  in  full  force  and  effect 
the  provisions  of  the  above-cited  act  until  May  24, 1828. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861.  29 

Act  March  18,  1818,  3  Stat.  L.,  410,  made  provision  for 
granting  a  service  pension  to  soldiers  and  sailors  who 
were  in  indigent  circumstances,  and  act  March  1,  1823, 

Stat.  L.,  783,  fixed  the  date  of  commencement  of  such 
pension. 

Act  May  15,  1828,  4  Stat.  L.,  269,  granted  a  service  pen- 
sion to  officers,  noncommissioned  officers,  and  privates 
who  enlisted  during  the  war  and  continued  in  service 
until  its  termination,  but  barred  those  from  receiving  its 
benefits  who  were  then  on  the  pension  roll.  This  limita- 
tion was  by  act  May  31,  1830,  4  Stat.  L.,  426,  removed  as 
to  officers,  and  by  act  July  14,  1832,  4  Stat,  L.,  600,  as  to 
noncommissioned  officers,  musicians,  and  privates. 

Act  June  7,  1832,  4  Stat.  L.,  529,  was  the  third  act 
passed  granting  a  service  pension  to  surviving  officers  and 
men  of  the  Army,  Navy,  and  Marine  Corps  who  served 
for  two  years,  and  who  were  not  entitled  to  pension  under 
the  act  of  May  15,  1828,  to  commence  March  4,  1831.  and 
continue  during  life;  and  to  those  serving  less  than 
;wo  years  but  not  less  than  six  months,  former  pensions, 
lowever,  to  be  relinquished.  This  limitation  was  re- 
moved by  act  February  19,  1833,  4  Stat.  L.,  612,  and  con- 
strued not  to  embrace  invalid  pensioners. 

Acts  July  4,  1836,  5  Stat.  L.,  128,  and  March  3,  1837, 
5  Stat.  L.,  187,  and  resolution  July  7,  1838,  5  Stat.  L., 
311,  granted  pensions  to  widows  of  certain  officers  and 
men  who  served  in  the  Army,  Navy,  and  Marine  Corps, 
as  mentioned  in  the  act  of  June  7,  1832,  but  placed  a 
imitation  as  to  date  of  marriage. 

Acts  February  2,  1848,  9  Stat,  L.,  210;  July  29,  1848, 
9  Stat.  L.,  265;  and  February  3,  1853,  10  Stat.  L.,  154, 
extended,  and  the  act  of  February  28,  1855,  10  Stat.  L., 
616,  removed,  this  limitation  as  regards  date  of  marriage. 

By  the  joint  resolution  of  July  1,  1848,  9  Stat.  L.,  336 
(now  sec.  4743,  K.  S.),  the  evidence  upon  which  a  pension 
was  granted  to  an  officer  or  soldier  of  the  Revolution 
in  his  lifetime  was  made  conclusive  as  to  the  service  of 
such  person  in  any  claim  for  pension  filed  by  his  widow  ; 
ind  upon  proof  by  her  that  she  was  married  to  such 
officer  or  soldier,  and  of  her  widowhood,  she  became 
entitled  to  have  her  name  placed  on  the  pension  roll  at 
the  same  rate  that  such  officer  or  soldier  received  during 
his  lifetime. 

By  the  act  of  April  2,  1862,  12  Stat  L.,  376  (now  sec. 
4742,  R.  S.),  no  claim  for  pension  or  increase  of  pension 


30  ARMY   AND    NAVY   PENSIONS. 

could  thereafter  be  allowed  in  the  case  of  the  widow 
children,  or  other  descendants  of  any  person  who  servee 
in  the  Revolution,  when  such  person  or  his  widow  dieu 
without  having  established  a  claim  for  pension. 

WAR   OF    1812. 

Section  14,  act  January  11,  1812,  2  Stat.  L.,  673;  sec 
tion  5,  act  February  6,  1812,  2  Stat.  L.,  677;  section  1 
act  April  16,  1816,  3  Stat.  L.,  286;  section  2,  act  Augusil 
2,  1813,  3  Stat.  L.,  74;  and  act  April  14,  1842,  5  Stat.  L. 
437,  granted  invalid  pensions  to  officers  and  men  of  the 
Regular  Army  and  the  militia  who  were  wounded  01 
otherwise  disabled  and  to  those  warriors  of  the  Cherokee 
Nation  and  the  Southern  Indians  who  were  woundec 
during  the  War  of  1812. 

By  the  act  of  February  14,  1871,  16  Stat.  L.,  411 
incorporated  in  sections  4736^740,  R.  S.),  pensions  were 
granted  to  the  surviving  officers  and  enlisted  and  draftee 
men,  including  militia  and  volunteers,  of  the  military 
and  naval  service  of  the  United  States  who  served  6C 
days  in  the  War  of  1812  and  were  honorably  discharged 
and  to  such  other  officers  and  men,  having  less  than  6C 
days'  service,  as  had  been  personally  named  in  any  reso- 
lution of  Congress  for  any  specific  service  in  that  war, 
and  the  surviving  widows  of  such  persons,  provided  they 
were  married  to  the  husbands  through  whom  pension 
is  claimed  prior  to  the  treaty  of  peace  which  terminated 
said  war. 

INDIAN  WARS  PRIOR  TO  MARCH  4,   1861. 

Section  4,  act  January  2,  1812,  2  Stat.  L.,  670,  pro- 
vided pension  for  officers  and  men  of  the  Rangers  for 
protection  of  the  frontier  of  the  United  States  who 
incurred  disabilities  by  wounds  or  otherwise  during  the 
invasion  of  any  State  or  Territory  by  any  Indian  tribe 
or  tribes. 

Section  3,  act  April  10,  1812,  2  Stat.  L.,  705,  extended 
pension  benefits  to  those  engaged  in  the  campaign  on 
the  Wabash. 

Section  4,  act  June  15,  1832,  4  Stat.  L.,  533,  provided 
for  mounted  Rangers  who  incurred  disabilities  by 
wounds  or  otherwise  in  the  Black  Hawk  War. 

Section  5,  act  May  23,  1836,  5  Stat.  L.,  33,  gave  pension 
benefits  to  the  Volunteers  wounded  while  engaged  in  the 
Creek  War. 


Chapter  III. 
rALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861. 


EC.  4692,  R.  S.  Who  are  entitled  to  pen- 
sions. 

EC.  4693,  R.  S.  Beneficiaries. 

EC.  2757,  R.  S.  Revenue  cutters  to  co- 
operate with  Navy. 

EC.  4741,  R.  S.  Pensions  to  officers,  etc., 
revenue  cutters. 

EC.  4722,  R.  S.  Missouri  militia,  exten- 
sion of  pension  laws  for  benefit  of. 

EC.  4723,  R.  S.  Colored  soldiers ;  "  slaves." 

CT  AUG.  3,  1861.  Medical  cadets. 

CT  MAR.  3,  1863,  SECS.  9,  10.  Cooks  and 
undercooks. 

CT  APR.  23,  1908,  SEC.  9.  Medical  Re- 
serve Corps. 

CT  JAN.  21,  1903,  SECS.  4,  7,  22,  AND 
ACT  MAY  27,  1908,  SECS.  3,  5.  Militia 
acts. 

OINT  RESOLUTION  MAY  26,  1898.  Auxiliary 
naval  force. 

CT  MAR.  3,  1891.  First  Kansas  Colored 
Volunteers. 

CT  MAR.  25,  1862.  Officers  and  men,  west- 
ern department  or  department  of  Mis- 
souri. 

CT  MAR.  3,  1881.  Citizens  engaged  in 
operations  against  Nez  Perce"  Indians. 

CT  JUNE  8,  1864.  Second  Regiment,  Third 
Brigade,  Ohio  Volunteer  Militia. 

CT  DEC.  19,  1902.  First  Ohio  Light  Artil- 
lery. 

A.CT    MAR.    1,    1869.  Bryson's    company    of 
mounted  volunteers. 

CT  JULY  14,  1870.  Beaty's  independent 
scouts. 

CT  AUG.  5,  1892.  Pensions  to  Army  nurses. 
SEC.  4694,  R.  S.  Limitation,  disabilities  in- 
curred since  July  27,   1868. 
SEC.    4700.  Sick    leave,    etc.,    line    of   duty. 
SEC.  4695,  R.   S.  Rate  acording  to  rank. 
ACT   MAR.    3,    1877.  Relative    rank    in    the 

Navy. 
ACT  JUNE   18,   1878.  Relative   rank  in   the 

Navy. 
SEC.   4696,    R.    S.  Rate  dependent  on   rank 

when  disability  originated. 
ACT  FEB.  24,  1897.  Rate  of  pension  in  case 

of  remuster. 
ACT      JUNE      27,      1890.  Service      pension 

granted. 

ACT  MAY  9,   1900.  Provisions  of  act  June 
27,   1890,   amended. 


JOINT  RESOLUTION  FEB.  15,  1895.  Provi- 
sions of  act  June  27,  1890,  extended  to 
Missouri  Militia. 

ACT  MAR.  6,  1896.  Commencement  of  pen- 
sions in  rejected  claims. 

ACT  FEB.  6,  1907.  Pensions  granted  to  cer- 
tain persons  who  served  in  Mexican  or 
civil  war. 

ACT  MAR.  4,  1907,  part.  Extending  pro- 
visions of  act  Feb.  6,  1907. 

ACT  MAR.  4,  1907,  part.  Age  made  a  spe- 
cific disability. 

SEC.  4697,  R.  S.  Rate  for  specific  disabili- 
ties prior  to  June  4,  1872. 

SEC.  4698,  R.  S.  Rate  for  permanent  spe- 
cific disabilities  since  June  4,  1872. 

ACT  JUNE  18,  1874.  Increase  for  total  dis- 
ability from  certain  causes. 

ACT  JUNE  16,  1880.  Rate  for  total  help- 
lessness in  cases  granted  under  act  June 
18,  1874,  increased. 

ACT  JUNE  17,  1878.  Increase  for  loss  of 
both  hands,  both  feet,  or  sight  of  both 


ACT  MAR.  3,  1879.  Increase  for  total  blind- 
ness. 

ACT  APR.  8,  1904.  Increase  for  total  blind- 
ness. 

ACT  FEB.  12,  1889.  Increase  for  loss  of 
both  hands. 

ACT  FEB.  28,  1877.  Increase  for  loss  of  one 
hand  and  one  foot,  or  permanent  dis- 
ability in  both. 

ACT  JUNE  18,  1874.  Increase  for  loss  of 
arm  at  or  above  elbow,  or  leg  at  or  above 
knee. 

ACT  MAR.  3,  1883.  Increase  for  loss  of  one 
hand  or  one  foot,  or  equivalent  inca- 
pacity ;  and  loss  of  arm  above  elbow  or 
leg  above  knee ;  or  total  incapacity  for 
manual  labor. 

ACT  MAR.  3,  1879.  Increase  for  amputation 
of  leg  at  hip  joint. 

ACT  MAR.  3,  1885.  Increase  for  loss  of  arm 
at  shoulder  joint. 

ACT  AUG.  4,  1886.  Increase  for  loss  of  one 
hand  or  one  foot,  etc. 

ACT  MAR.  2,  1903.  Increase  for  loss  of 
limbs  or  total  disability  in  the  same. 

ACT  AUG.  27,  1888.  Increase  for  deafness. 

ACT  JAN.  15,  1903.  Increase  for  total  deaf- 
ness. 

31 


32 


ARMY   AND   NAVY   PENSIONS. 


ACT  MAR.  4,  1890.  Total  helplessness ;  regu- 
lar aid  and  attendance. 

ACT  JULY  14,  1892.  Frequent  and  periodic 
attendance. 

SEC.  4698^,  R.  S.  Commencement  of  in- 
crease of  pension  for  disabilities  not  per- 
manent and  specific. 

SEC.  4699,  R.  S.  Division  of  $18  rate. 

ACT  MAR.  2,  1895.  Minimum  rate  of  $6  per 
month  established ;  not  retroactive. 


ACT  JAN.  25,  1879.  Arrears  of  pension ; 
commencement  of  pension,  etc.. 

ACT  MAR.  3,  1879,  SEC.  1.  Arrears  of  pen- 
sion, etc. 

ACT  MAR.  3,  1879,  SECS.  2  and  3.  Limita- 
tion as  to  date  of  filing  and  commence- 
ment of  pension,  etc. 

ACT  MAR.  3,  1885.  Soundness  of  soldier  or 
sailor  at  enlistment  to  be  presumed. 


preceding 


who^are  ^nti-  Every  person  specified  in  the  several  classes  enumerated 
tlesdec°  P Mar^s  ^ri  ^e  f°ll°wing  section,  who  has  been,  since  the  fourth 
566?'sec.'Sif  Juty'day  °^  Marcn>  eighteen  hundred  and  sixty-one,  or  who  is 
14,  1862,  12  stat  hereafter  disabled  under  the  conditions  therein  stated, 

Li.,  OOO. 

shall,  upon  making  due  proof  of  the  fact,  according  to 
such  forms  and  regulations  as  are  or  may  be  provided  in 
pursuance  of  law,  be  placed  on  the  list  of  invalid  pension- 
ers of  the  United  States,  and  be  entitled  to  receive,  for  a 
total  disability,  or  a  permanent  specific  disability,  such 
pension  as  is  hereinafter  provided  in  such  cases;  and  for 
an  inferior  disability,  except  in  cases  of  permanent  spe- 
cific disability,  for  which  the  rate  of  pension  is  expressly 
provided,  an  amount  proportionate  to  that  provided  for 
Duration  of  total  disability;  and  such  pension  shall  commence  as 
hereinafter  provided  and  continue  during  the  existence 
of  the  disability. 

persons  entitled  as  beneficiaries  under  the  preced- 
section  are  as  follows: 

First.  Any  officer  of  the  Army,  including  regulars,  vol- 
§,'  12'  stat  unteers,  and  militia,  or  any  officer  in  the  Navy  or  Marine 
Corps:  or  any  enlisted  man,  however  employed,  in  the 
military  or  naval  service  of  the  United  States,  or  in  its 
n°sec.  11  July  4,  Marine  Corps,  whether  regularly  mustered  or  not,  dis- 
388^'sec.  i^Mar.  3'!  abled  by  reason  of  any  wound  or  injury  received,  or  dis- 
S' sec.Sif  July  ease  contracted,  while  in  the  service  of  the  United  States 

14    1862    12  Stat  •• 

Second.  Any  master  serving  on  a  gunboat,  or  any  pilot, 
12  stat.  engineer,  sailor,  or  other  person  not  regularly  mustered, 
lerving  upon  any  gunboat  or  war-vessel  of  the  United 
States,  disabled  by  any  wound  or  injury  received,  or 
otherwise  incapacitated,  while  in  the  line  of  duty,  for  pro- 
curing his  subsistence  by  manual  labor. 

Third.  Any  person  not  an  enlisted  soldier  in  the  Army, 
serving  for  the  time  being  as  a  member  of  the  militia  of 
any  State,  under  orders  of  an  officer  of  the  United  States, 
or  who  volunteered  for  the  time  being  to  serve  with  any 


L.,  566. 


Sec.  1,  Mar.  3, 
1873,  17  Stat.  L., 
566. 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       33 

regularly  organized  military  or  naval  force  of  the  United  i8ffc\l's^y-^' 
States,  or  who  otherwise  volunteered  and  rendered  service 388- 
in  any  engagement  with  rebels  or  Indians,  disabled  in  con- 
sequence of  wounds  or  injury  received  in  the  line  of  duty 
in  such  temporary  service.     But  no  claim  of  a   State  ij^fjyg^Jj 
militiaman,  or  nonenlisted  person,  on  account  of  disa-237-' 
bility  from  wounds,  or  injury  received  in  battle  with 
rebels  or  Indians,  wrhile  temporarily  rendering  service, 
shall  be  valid  unless  prosecuted  to  a  successful  issue  prior 
to  the  fourth  day  of  July,  eighteen  hundred  and  seventy- 
four. 

Fourth.  Any  acting  assistant  or  contract  surgeon  dis-  igTJjfi/'gJftf  if' 
abled  by  any  wound  or  injury  received  or  disease  con-  JfH^g  It^Vj 
tracted  in  the  line  of  duty  while  actually  performing  the  499- 
duties  of  assistant  surgeon  or  acting  assistant  surgeon 
with  any  military  force  in  the  field,  or  in  transitu,  or  in 
hospital. 

Fifth.  Any  provost-marshal,  deputy  provost-marshal,  is^'n'sSS'iJ! 
or  enrolling-officer  disabled,  by  reason  of  any  wound  or  Sfn^S^L5; 
injury,  received  in  the  discharge  of  his  duty,  to  procure  a  m 
subsistence  by  manual  labor. 

The  revenue-cutters  shall,  whenever  the  President  so  |^enue'  Rcut- 
directs,  cooperate  with  the  Navy,  during  which  time  they  ^V^Nay?*8 
shall  be  under  the  direction  of  the  Secretary  of  the  Navy,  I7^ft1  g{|J-  L2> 
and  the  expenses  thereof  shall  be  defrayed  by  the  Navy  69j^e  sec  1492 
Department.  R- s- 

The  officers  and  seamen  of  the  revenue-cutters  of  the    |eens4ilnt?offi- 
United  States,  who  have  been  or  may  be  wounded  or  dis-  ofrsrevenueea?uS 
a-bled  in  the  discharge  of  their  duty  while  cooperating  te^ct   Apr    18> 
with  the  Navy  by  order  of  the  President,  shall  be  entitled  Jg*»  3  sta'-  L-> 
to  be  placed  on  the  Navy  pension-list,  at  the  same  rate  of 
pension  and  under  the  same  regulations  and  restrictions 
as  are  provided  by  law  for  the  officers  and  seamen  of  the 
Navy. 

The  provisions  of  this  Title  are  extended  to  the  officers  gfss^'Rmui: 
and  privates  of  the  Missouri  State  militia,  and  the  pro-  '^  8  Mar  3 
visional  Missouri  militia,  disabled  by  reason  of  injury  J®73'  17  stat-  L-» 
received  or  disease  contracted  in  the  line  of  duty  while  4>Si|6^i|'stualy. 
such  militia  was  cooperating  with  United  States  forces,  $-'&la*S; 
and  the  widow  or  children  of  any  such  person,  dying  of  l^af^'t  fy 
injury  received  or  disease  contracted  under  the  circum- stat-L-'470- 
stances  herein  set  forth,  shall  be  entitled  to  the  benefits  of 
this  Title.  But  the  pensions  on  account  of  such  militia 
8001°— 12 4 


34  ARMY  AND    NAVY   PENSIONS. 

™m  Vision  "  s^all  not  commence  prior  to  the  third  day  of  March,  one 


thousand  eight  hundred  and  seventy-three. 
ceoio7r2e'dRsoi-     "^  c°l°red  persons  who  enlisted  in  the  Army  during 
dIMar  3Sli87e3S'i?tne  war  °^  tne  rebellion,  and  who  are  now  prohibited 
stat.  L.,601.       from  receiving  bounty  and  pension  on  account  of  being 
borne  on  the  rolls  of  their  regiments  as  "  slaves,"  shall  be 
placed  on  the  same  footing,  as  to  bounty  and  pension,  as 
though  they  had  not  been  slaves  at  the  date  of  their  en- 
listment. 
.Act    Aug.    3,     And  be  it  further  enacted.  That  there  be  added  to  the 

lool,  12  otat.  Li., 

28Medi4caisecadets  me(^^ca^  s*a^  °^  ^ne  Army  a  corps  of  medical  cadets, 
ad/3ed  to  medical  whose  duty  it  shall  be  to  act  as  dressers  in  the  general 
hospitals  and  as  ambulance  attendants  in  the  field,  under 
the  direction  and  control  of  the  medical  officers  alone. 
numbe^  'qimufi'  They  shall  have  the  same  rank  and  pay  as  the  military 
cations,etc.  cadets  at  West  Point.  Their  number  shall  be  regulated 
by  the  exigencies  of  service,  at  no  time  to  exceed  fifty. 
It  shall  be  composed  of  young  men  of  liberal  education, 
students  of  medicine,  between  the  ages  of  eighteen  and 
twenty-three,  who  have  been  reading  medicine  for  two 
years,  and  have  attended  at  least  one  course  of  lectures  in 
a  medical  college.  They  shall  enlist  for  one  year,  and 
be  subject  to  the  rules  and  articles  of  war.  On  the  fif- 
teenth day  of  the  last  month  of  their  service,  the  near 
approach  of  their  discharge  shall  be  reported  to  the  sur- 
geon-general, in  order,  if  desired,  that  they  may  be  re- 
lieved by  another  detail  of  applicants. 

1863?  12  fc  i.',     And  ~be  it  further  enacted,  That  cooks  shall  be  detailed, 

74cwk7s8forc'^ch  in  turn,  from  the  privates  of  each  company  of  troops  in 

dSffirom  thl  the  service  of  the  United  States,  at  the  rate  of  one  cook 

for  each  company  numbering  less  than  thirty  men,  and 

two  cooks  for  each  company  numbering  over  thirty  men, 

who  shall  serve  ten  days  each. 

SSh10oUk  to     And  be  it  further  enacted,  That  the  President  of  the 

eoofc3tw°  under"  United  States  be,  and  he  is  hereby,  authorized  to  cause  to 

Pay  and  ration.  foe  enlisted,  for  each  cook,  two  undercooks  of  African  de- 

scent, who  shall  receive  for  their  full  compensation  ten 

dollars  per  month,  and  one  ration  per  day  —  three  dollars 

of  said  monthly  pay  may  be  in  clothing. 

lowfttijtat.  S',     That  officers  of  the  Medical  Reserve  Corps  when  called 

^dSSif  Serve  uPon  active  duty  in  the  service  of  the  United  States,  as 

corps.  provided  in  section  eight  of  this  Act,  shall  be  subject  to 

the  laws,  regulations,  and  orders  for  the  government  of 

the  Regular  Army,  and  during  the  period  of  such  service 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       35 

shall  be  entitled  to  the  pay  and  allowances  of  first  lieu-  an^sy  and  allow- 

tenants  of  the  Medical  Corps  with  increase  for  length  of 

service  now  allowed  by  law,  said  increase  to  be  computed 

only  for  time  of  active  duty:  Provided,  That  no  officer    ^entitled  to 

of  the  Medical  Reserve  Corps  shall  be  entitled  to  retire-  S^pt!^'  etc" 

ment  or  retirement  pay,  nor  shall  he  be  entitled  to  pension 

except  for  physical  disability  incurred  in  the  line  of  duty 

while  in  active  duty :     *     *     *. 

That  whenever  the  United  States  is  invaded,  or  &  1903*82  afe  Llf, 
danger  of  invasion  from  any  foreign  nation,  or  of  rebel-  ™£  J79>  c-  196> 
lion  against  the  authority  of  the  Government  of  the  organized  MIII- 

V  .111        tia»  to  be  called 

United  States,  or  the  President  is  unable,  with  the  other  for  in  case  of  in- 
vasion, etc. 

forces  at  his  command,  to  execute  the  laws  of  the  Union 
in  any  part  thereof,  it  shall  be  lawful  for  the  President 
to  call  forth,  for  a  period  not  exceeding  nine  months,  such 
number  of  the  militia  of  the  State  or  of  the  States  or 
Territories  or  of  the  District  of  Columbia  as  he  may 
deem  necessary  to  repel  such  invasion,  suppress  such 
rebellion,  or  to  enable  him  to  execute  such  laws,  and  to 
issue  his  orders  for  that  purpose  to  such  officers  of  the 
militia  as  he  may  think  proper. 

That  every  officer  and  enlisted  man  of  the  militia  who  sec-  7>  Id- 
shall  be  called  forth  in  the  manner  hereinbefore  pre-  service  '  the 
scribed  and  shall  be  found  fit  for  military  service  shall 
be  mustered  or  accepted  into  the  United  States  service 
by  a  duly  authorized  mustering  officer  of  the  United 
States:  Provided,  however,  That  any  officer  or  enlisted 
man  of  the  militia  who  shall  refuse  or  neglect  to  present 
himself  to  such  mustering  officer  upon  being  called  forth 
as  herein  prescribed  shall  be  subject  to  trial  by  court- 
martial,  and  shall  be  punished  as  such  court-martial  may 
direct. 

That  when  any  officer,  noncommissioned  officer,  or  pri-    sec.  22,  id. 

......  ,  P  e  n  s  i  o  n  for 

vate  of  the  militia  is  disabled  by  reason  of  wounds  or  wounds, etc. 
disabilities  received  or  incurred  in  the  service  of  the 
United  States  he  shall  be  entitled  to  all  the  benefits  of 
the  pension  laws  existing  at  the  time  of  his  service,  and 
in  case  such  officer,  noncommissioned  officer,  or  private 
dies  in  the  service  of  the  United  States  or  in  returning  to 
his  place  of  residence  after  being  mustered  out  of  such 
service,  or  at  any  time,  in  consequence  of  wounds  or  dis- 
abilities received  in  such  service,  his  widow  and  children, 
if  any,  shall  be  entitled  to  all  the  benefits  of  such  pension 
laws. 


36  ARMY  AND   NAVY   PENSIONS. 

i908Ct35^St  ?'     That  section  four  of  said  Act  as  amended  be,  and  the 
*•  same  is  hereby,  amended  and  reenacted  so  as  to  read  as 


follows : 
organized  Mm-     "  gEC.  4.  That  whenever  the  United  States  is  invaded 

tia  to  be  called  for          .  .  . 

in  case  of  inva-  Or  in  danger  or  invasion  from  any  foreign  nation,  or  or 
rebellion  against  the  authority  of  the  Government  of  the 
United  States,  or  the  President  is  unable  with  the  regular 
forces  at  his  command  to  execute  the  laivs  of  the  Union, 
it  shall  be  lawful  for  the  President  to  call  forth  such 
number  of  the  militia  of  the  State  or  of  the  States  or 
Territories  or  of  the  District  of  Columbia  as  he  may 
deem  necessary  to  repel  such  invasion,  suppress  such  re- 
bellion, or  to  enable  him  to  execute  such  laws,  and  to  issue 
his  orders  for  that  purpose,  through  the  governor  of  the 
respective  State  or  Territory,  or  through  the  command- 
ing general  of  the  militia  of  the  District  of  Columbia, 
from  which  State,  Territory,  or  District  such  troops  may 
be  called,  to  such  officers  of  the  militia  as  he  may  think 
proper." 

Sec.  5,  id.  That  section  seven  of  said  Act  as  amended  be,  and  the 

same  is  hereby,  amended  and  reenacted  so  as  to  read  as 
follows : 

Mustering  into     "  §EC.  7.  That  every  officer  and  enlisted  man  of  the 

service     of     the  » 

united  states,  militia  who  shall  be  called  forth  in  the  manner  herein- 
before prescribed,  shall  be  mustered  for  service  without 
further  enlistment,  and  without  further  medical  exam- 
ination previous  to  such  muster,  except  for  those  States 
and  Territories  which  have  not  adopted  the  standard  of 
medical  examination  prescribed  for  the  Regular  Army: 
Provided,  however,  That  any  officer  or  enlisted  man  of 
the  militia  who  shall  refuse  or  neglect  to  present  himself 
for  such  muster,  upon  being  called  forth  as  herein  pre- 
scribed, shall  be  subject  to  trial  by  court-martial  and  shall 
be  punished  as  such  court-martial  may  direct." 

May^Sfso     That  a  United  States  Auxiliary  Naval  Force  is  hereby 
^sec''i      N°'  authorized  to  be  established,  to  be  enrolled  in  such  num- 
bers  as  the  President  may  deem  necessary,  not  exceeding 
three  thousand  enlisted  men,  for  the  exigencies  of  the 
rce"  present  war  with  Spain,  and  to  serve  for  a  period  of  one 
year,  or  less,  and  shall  be  disbanded  by  the  President  at 
the  conclusion  of  the  war. 

sec.  2,  id.  That  the  chief  of  the  United  States  Auxiliary  Naval 

Force  shall  be  detailed  by  the  Secretary  of  the  Navy  from 
the  active  or  retired  list  of  the  line  officers  of  the  Navy 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       37 

not  below  the  grade  of  captain,  who  shall  receive  the 
highest  pay  of  his  grade  while  so  employed. 

That  enlistment  into  the  United  States  Auxiliary  Naval  sec.3,id. 
Force  shall  be  made  by  such  officer  or  officers  as  the  Navy 
Department  may  detail  for  the  purpose,  who  shall  also 
select  from  merchant  vessels  and  other  available  sources 
such  volunteers  as  may  be  deemed  best  fitted  for  service 
as  officers  in  said  force,  and  shall  report  to  the  Secretary 
of  the  Navy,  for  his  action,  their  names  and  the  grade 
for  which  each  is  recommended. 

That  for  the  purposes  of  this  organization  the  coast    ^c-4' id- 
line  shall  be  divided  into  districts,  each  of  which  shall  coast   line   into 
be  in  charge  of  an  assistant  to  the  chief  of  the  United 
States  Auxiliary  Naval  Force;  and  such  assistant  chiefs 
may  be  detailed  by  the  Secretary  of  the  Navy  from  the 
officers  of  the  active  or  retired  list  of  the  line  of  the  Navy, 
or  appointed  by  him  from  civil  life,  not  above  the  rank 
of  lieutenant-commander. 

That  the  officers  and  men  comprising  the  United  States    sec-  5,  id. 
Auxiliary  Naval  Force  shall  receive  the  same  pay  and    Pay. 
emoluments  as  those  holding  similar  rank  or  rate  in  the 
Regular  Navy;  and  all  matters  relating  to  the  organiza-    conformance  to 
tion,  discipline,  and  government  of  men  in  said  force  etcT71 
shall  conform  to  the  laws  and  regulations  governing  the 
United  States  Navy. 

That  the  chief  of  the  United  States  Auxiliary  Naval  sec?6,id. 
Force  or  such  officers  as  the  Navy  Department  may  detail  MmtSce° 
for  such  service,  ma}7,  with  the  consent  of  the  governor 
of  any  State,  muster  into  the  said  Force  the  whole  or  any 
part  of  the  organizations  of  the  Naval  Militia  of  any 
State  to  serve  in  said  Auxiliary  Naval  Force,  and  shall 
report  to  the  Secretary  of  the  Navy,  for  his  action,  the 
names  and  grades  for  which  commissions  in  said  United 
States  Auxiliary  Naval  Force  shall  be  issued  to  the  officers 
of  such  Naval  Militia,  and  shall  have  the  power  to  ap- 
point and  disrate  the  petty  officers  thereof. 

That  the  officers,  warrant  officers,  petty  officers,  and  en-    sec.7,id. 
listed  men  and  boys  of  the  United  States  Auxiliary  Naval  a4Sabie°?a 
Force  thus  created  shall  be  paid  from  the  appropriation 
"  Pay  of  the  Navy  " ;  and  the  sum  of  three  million  dol- 
lars, or  so  much  thereof  as  may  be  required,  is  hereby 
appropriated,  from  any  money  in  the  Treasury  not  other- 
wise appropriated,  for  the  purchase  or  hire  of  vessels    Hire,  etc.,  of 
necessary  for  the  purposes  of  this  resolution. 


38  ARMY  AND   NAVY  PENSIONS 

1891*26  stat  L3'     That  a^  °fficers  °f  tne  First  Kansas  Colored  Volun 
^°  were  mustered  into  the  service  of  the  Unit 


teerTd  V°lun"  States  on  or  before  the  second  day  of  May,  eighteen  hun- 
Date  of  muster.  (jre(j  an(j  sixty-three,  shall  take  rank  and  be  entitled  to 
pay  from  the  date  when  they  respectively  held  and  per- 
formed the  duties  of  their  rank  in  said  regiment,  or  in 
the  companies  or  battalions  of  which  said  regiment  was 
composed,  of  a  rank  equal  to  the  rank  they  respectively 
held  when  mustered  into  the  service  of  the  United  States 
in  said  regiment. 

Ran!1  etc    to     That  Captain  Andrew  I.  Crew,  Corporal  Joseph  -Tal- 
those   tilled'  at  bot,  Privates  Marion  Barber,  Samuel  Davis,  Henry  Gash, 

Island      Mound,  J 

Mo-  Thomas  Lane,  Allen  Rhodes,  and  John  Sixkiller,  who 

were  killed  in  action  at  Island  Mound,  Missouri,  October 
twenty-eighth,  eighteen  hundred  and  sixty-two,  whilst  on 
duty  with  the  companies  and  battalions  of  which  said 
regiment  was  subsequently  composed,  shall  be  entitled 
to  the  rank,  pay,  and  emoluments  conferred  by  section 
one  of  this  act. 
pXisk)!?'  rights  That  Privates  Edward  Curtis,  Jacob  Edwards,  Laz- 

to  wounded.  arus  Johnson,  General  Dudley,  Manuel  Dobson,  and 
Thomas  Knight,  of  said  companies  and  battalions,  who 
were  wounded  in  action  at  Island  Mound,  Missouri, 
October  twenty-eighth,  eighteen  hundred  and  sixty-two, 
but  were  not  mustered  into  the  United  States  service, 
shall  be  entitled  to  all  rights,  privileges,  and  benefits  con- 
ferred upon  wounded  or  disabled  soldiers  by  the  pro- 
visions of  the  United  States  pension  laws. 
reductions  of  That  in  computing  the  pay  and  allowances  to  which 

ceivedalready  ^  Persons  ma7  be  entitled  under  the  provisions  of  this  act, 
any  pay  and  allowances  which  such  parties  may  have 
received  from  the  United  States  for  services  rendered 
during  the  period  of  time  included  within  the  provisions 
of  this  act,  in  any  other  grade  or  capacity,  shall  be 
deducted  from  the  amount  that  may  be  due  them  under 
the  provisions  of  this  act, 

is^f  i2^tal  L5;     That  the  Secretary  of  War  be,  and  he  is  hereby,  author- 

37pIVto  Officers  ize^  anc^  re(luired  to  allow  and  pay  to  the  officers,  non- 

Departmen?  ^commissioned  officers,  musicians,  and  privates  who  have 

Mi6ssouriSt  or  ofbeen  heretofore  actually  employed  in  the  military  service 

of  the  United  States,  whether  mustered  into  actual  service 

or  not,  where  their  services  were  accepted  and  actually 

employed  by  the  generals  who  have  been  in  command 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       39 

cf  the  department  of  the  West,  or  the  department  of  the 
Missouri,  the  pay  and  bounty  as  in  cases  of  regular  en- 
listment. 

That  the  officers,  noncommissioned  officers,  musicians,    PLOTS'. 
and  privates  so  employed,  who  may  have  been  wounded 
or  incapacitated  for  service,  shall  be  entitled  to  and  re- 
ceive the  pension  allowed  for  such  disability:  Provided,    Provlso- 
That  the  length  and  character  of  their  enlistment  and 
service  be  such  as  to  entitle  them  under  existing  laws 
to  such  pension. 

That  the  heirs  of  those  killed  in  battle,  or  of  those    fSte'df  those 
who  may  have  died  from  wounds  received  while  so  in  ha^boiSty  and 
service,  shall  be  entitled  to  receive  the  bounty  and  paypay 
to  which  they  would  have  been  entitled  had  they  been 
regularly    mustered    into    service:    Provided,    That   the    Proviso- 
bounty  and  pay  referred  to  in  this  act  shall  not  be  pay- 
able unless  their  term  of  enlistment  and  service  be  of 
such  duration  as  to  entitle  them  to  receive  the  same, 
according  to  existing  laws. 

That   each   volunteer   who   joined   the   forces   of   the  issi,  21  stat.  L.) 
United  States,  in  the  Territory  of  Montana,  during  the    Nez  Pei-cs  in- 

'          „  J  '  f  dian  War;  Mon- 

war  with  the  .Nez  Perce  Indians,  shall  be  paid  one  dollar  tana  citizens 

,  „  .  , .         serving     in,     af- 

per  day  during  the  term  of  such  service,  from  the  time  forded  relief. 
that  he  left  his  home  until  he  was  returned  thereto,  in- 
cluding all  the  time  spent  in  hospital  under  treatment 
by  such  as  received  wounds  or  other  injuries  in  such 
service. 

That  all   persons  who  were  wounded  or  disabled  in    f^^1     for 
such  service,  and  the  heirs  of  all  who  were  killed  in  such  o?SsabiedOUnded 
service,  shall  be  entitled  to  all  the  benefits  of  the  pension 
laws,  in  the  same  manner  and  to  the  same  extent  as  if 
they  had  been  duly  mustered  into  the  regular  or  volun- 
teer forces  of  the  United  States. 

That  the  second  regiment,  third  brigade,  Ohio  vol- 1^13  s2t.  if| 
nnteer  militia,  mustered  into  the  service  of  the  United  payment  of 
States  at  Cincinnati,  Ohio,  on  the  fourth  day  of  Septem- 
ber,  eighteen  hundred  and  sixty-two,  notwithstanding 
irregularity  may  have  occurred  in  the  manner  of  their 
mustering  into  the  service  of  the  United  States,  be  paid 
for  the  time  the  officers  and  men  were  in  the  service, 
respectively,  after  being  so  mustered,  not,  however,  to 
exceed  the  period  of  thirty  days. 


40  ARMY  AND    NAVY   PENSIONS. 

i902Ct32"stat  i?'     That  the  officers  and  enlisted  men  of  the  First  Regi- 
75Fi?st7bhio  voi- ment  Ohio  Volunteer  Light   Artillery    (three   months' 
"nteer  Light  Ar-servjce^  furnished  by  the  State  of  Ohio,  under  the  call 
^^tary  service  Of  ^]ie  President  of  the  United  States,  issued  on  the  fif- 
teenth day  of  April,  eighteen  hundred  and  sixty-one,  and 
which  rendered  actual  military  service  under  the  com- 
mand of  officers  of  the  United  States  and  in  cooperation 
with   the   regularly    organized   military    forces    of   the 
United  States,  shall  be  held  and  considered  to  have  been 
in  the  military  service  of  and  to  have  formed  a  part  of 
the  military  establishment  of  the  United  States  during 
the  period  for  which  said  organization  was  enlisted  and 
was  in  active  service,  and  that  the  Secretary  of  War  be, 
and  he  hereby  is,  authorized  and  directed  to  issue  certifi- 
cates of  discharge,  upon  due  application  and  satisfactory 
proof  of  identity,  for  all  honorably  discharged  members 
No°VaSO'etc      °^  ^e  sa^  organization :  Provided,  That  no  pay,  bounty, 
or  other  emoluments  shall  become  due  or  payable  by 
virtue  of  the  passage  of  this  Act. 

is^tat^L1'1^!'  That  the  company  of  mounted  volunteers  raised  and 
C'p9a  ment  of  commanded  by  Captain  Goldman  Bryson,  of  Cherokee 
Brpson'sG°ldcon>  county,  State  of  North  Carolina,  under  authority  of 
vofmit)eersOUnted^aJor"^eiiera^  Rosecrans,  and  received  into  the  service 
of  the  United  States  by  Major-General  Burnside,  Septem- 
ber twenty-ninth,  eighteen  hundred  and  sixty- three,  and 
such  men  as  were  accepted  into  the  service  of  the  United 
States  by  the  said  Captain  Goldman  Bryson  within  one 
month  thereafter,  and  the  widows,  heirs,  and  legal  repre- 
sentatives of  the  officers  and  enlisted  men,  shall  be  entitled 
to  pay,  bounty,  pension,  and  allowances  according  to 
their  grade  and  time  of  service  as  other  volunteers  in  the 
service  of  the  United  States,  notwithstanding  any  infor- 
mality in  their  muster  or  enlistment  into  the  service  orf 
the  United  States,  under  such  rules  and  regulations  as 
may  be  adopted  by  the  proper  accounting  officer  of  the 
treasury. 

i8TOCti6Jstat  if'  Whereas  David  Beaty,  of  Fentress  county,  Tennessee, 
65preambie  ^^'  on  *ke  twenty-fifth  day  of  January,  eighteen  hundred 
and  sixty-two,  organize  a  company  of  independent  scouts, 
numbering  one  hundred  and  two  men,  including  himself 
as  captain  and  his  first  and  second  lieutenants;  and 
whereas  said  company  was  on  continuous  duty  engaged 
in  the  work  of  suppressing  the  rebellion  from  the  date  of 
its  organization  until  the  first  day  of  June,  eighteen  hun- 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.      41 

dred  and  sixty-five,  serving  under  the  orders  of  the  com- 
mander of  the  army  in  Tennessee;  and  whereas  said 
company  was  never  legally  mustered  into  the  service  of 
the  United  States  by  any  properly  authorized  mustering 
officer,  and  neither  officers  nor  privates  of  said  company 
have  ever  received  any  compensation  for  said  services 
from  the  government  of  the  United  States:  Therefore, 

Be  it  enacted,  etc.,  That  the  organization  set  forth  in 
the  foregoing  preamble  be,  and  the  same  is  hereby,  recog-  ^ 
nized  as  a  part  of  the  military  force  of  the  United 
engaged  in  suppressing  the  recent  rebellion,  and  the  mem-  2a.5'ItjJ^ie§bSs 
bers  thereof,  on  making  proof  of  actual  service,  are  de-  U"tlejsijjs  pay 
clared  to  be  entitled  to  the  same  pay,  pensions,  as  though 
they  had  been  regularly  mustered  into  the  service  of  the 
United  States  as  cavalry:  Provided,  That  there  shall  be    Provisos, 
filed  in  the  War  Department  a  roll  of  said  company, 
which  shall  be  sworn  to  by  the  captain  and  two  lieuten- 
ants of  said  company:  And  provided,  further,  That  each 
soldier,  upon  applying  for  payment  under  this  act,  shall 
be  required  to  make  oath  as  to  the  length  of  his  service 
in  said  company. 

That  all  women  employed  by  the  Surgeon  General  of  18$>ct27  ffat  L' 
the  Army  as  nurses,  under  contract  or  otherwise,  duiang.^^^Jf-^ 
the  late  war  of  the  rebellion,  or  who  were  employed  as  Army  nurses- 
nurses  during  such  period  by  authority  which  is  recog- 
nized by  the  War  Department,  and  who  rendered  actual 
service  as  nurses  in  attendance  upon  the  sick  or  wounded 
in  any  regimental,  post,  camp,  or  general  hospital  of  the 
armies  of  the  United  States  for  a  period  of  six  months  or  icePeriod  of  serv" 
more,  and  who  were  honorably  relieved  from  such  service, 
and  who  are  now  or  may  hereafter  be  unable  to  earn  a 
support,  shall,  upon  making  due  proof  of  the  fact  accord- 
ing to  such  rules  and  regulations  as  the  Secretary  of  the 
Interior  may  provide,  be  placed  upon  the  list  of  pension- 
ers of  the  United  States  and  be  entitled  to  receive  a  pen-  pe?mX.to  $12 
sion  of  twelve  dollars  per  month,  and  such  pension  shall 
commence  from  the  date  of  filing  of  the  application  in 
the  Pension  Office  after  the  passage  of  this  act :  Provided, 
That  no  person  shall  receive  more  than  one  pension 
the  same  period. 

That  no  fee,  compensation,  or  allowance  shall  be  paid 
to,  received,  or  accepted  by  any  agent,  attorney,  or  other  ^Jf!^011  to  at~ 
person  instrumental  in  the  prosecution  of  any  claim  for 
pension  under  this  act;  and  any  person  who  may  make 


42  ARMY  AND   NAVY   PENSIONS. 

any  claim  upon  any  applicant  for  any  fee,  compensation, 
Penait  or  a^owance  shall  be  guilty  of  a  misdemeanor,  and  upon  j 

conviction  shall  be  fined  not  exceeding  five  hundred  dol- 1 
lars,  or  imprisoned  at  hard  labor  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court ;  and  it  shall  be  the 
duty  of  the  Interior  and  War  Departments  to  render  all  I 
proper  aid  to  applicants  under  this  act. 

sec.  4694,  R.  s.  No  person  shall  be  entitled  to  a  pension  by  reason  of 
casesof disability  pounds  or  injury  received  or  disease  contracted  in  the 
jufyU2"i868Smce  service  of  the  United  States  subsequent  to  the  twenty- 
i873,°'i7'statr'L. |  seventh  day  of  July,  eighteen  hundred  and  sixty-eight 

567;   sec.  2,  Jnly        1,1  %  i     i  •     •  i 

27,1868, 15  stat.  unless  the  person  who  was  wounded,  or  injured,  or  con 
tracted  the  disease  was  in  the  line  of  duty;  and,  if  in 
the  military  service,  was  at  the  time  actually  in  the  field 
or  on  the  march,  or  at  some  post,  fort,  or  garrison,  or  en 
route,  by  direction  of  competent  authority,  to  some  post 
fort,  or  garrison;  or,  if  in  the  naval  service,  was  at  th< 
time  borne  on  the  books  of  some  ship  or  other  vessel  o: 
the  United  States,  at  sea  or  in  harbor,  actually  in  com 
mission,  or  was  at  some  naval  station,  or  on  his  way,  by 
direction  of  competent  authority,  to  the  United  States 
or  to  some  other  vessel  or  naval  station,  or  hospital. 
Sec.  4700,  R.  s      Officers  absent  on  sick-leave,  and  enlisted  men  absem 
furiough,ave Vete- on  sick-furlough,  or  on  veteran- furlough  with  the  organi- 
ofdu?y.°ug  '  mezation  to  which  thev  belong,  shall  be  regarded  in  the 

Sec.  6,  Mar.  3,      -,..,,.  -   ,,  "  .         ,  .       ,,     ' 

1873, 17  stat.  L.,  administration  of  the  pension-laws  in  the  same  manner 

569;  sec.  8,  June  6.          •  *  ,1  •       ji        r>    T  i  i  -j    i 

1866, 14  stat.  L.,  as  if  they  were  in  the  field  or  hospital. 

57. 

sec.  4695,  R  .s.       The  pension  for  total  disability  shall  be  as  follows, 
namely:  For  lieutenant-colonel  and  all  officers  of  higher 
!6!;  rank  in  the  military  service  and  in  the  Marine  Corps, 
567?sec!i?jSyi4|an<i  ^or  captain,  and  all  officers  of  higher  rank,  com- 
1862, 12   tat.  L.,  man(jer)  surgeon,  paymaster,  and  chief  engineer,  respec- 
188^22° sta"ij  tively  ranking  with  commander  by  law,  lieutenant  com- 
manding and  master  commanding,  in  the  naval  service, 
thirty  dollars  per  month;  for  major  in  the  military  serv- 
ice and  in  the  Marine  Corps,  and  lieutenant,  surgeon, 
paymaster,  and  chief  engineer,  respectively  ranking  with 
lieutenant  by  law,  and  passed  assistant  surgeon  in  the 
Enrolling  ofn- naval  service,  twentv-five  dollars  per  mouth:  for  captain 

cer,  provost  and  .  /  *         •         ^ 

deputy    provost  in  the  military  service  and  in  the  Marine  Corps,  chaplain 

i866Ci4'sJtulyi?'^n  *Be  ^rmy>  an(^  provost-marshal,  professor  of  mathe- 
230-'  'matics,  master,1  assistant  surgeon,  assistant  paymaster, 

1AJct  Mar.  3,  1883,  22  Stat.  L.,  472,  changes  title  of  master  to  lieutenant 
and  provides  that  masters  now  on  the  list  shall  constitute  a  junior  grade 
of  lieutenants. 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       43 

and  chaplain  in  the  naval  service,  twenty  dollars  per 

month;  for  first  lieutenant  in  the  military  service  and  Contract    sur- 

in  the  Marine  Corps,  acting  assistant  or'  contract  sur-  18|fc'132's^tr'L3' 

geon,  and  deputy  provost-marshal,  seventeen  dollars  per499- 

month  ;  for  second  lieutenant  in  the  military  service  and 

in  the  Marine  Corps,  first  assistant  engineer,  ensign,  and 

pilot  in  the  naval  service,  and  enrolling  officer,  fifteen 

dollars  per  month;  for  cadet-midshipman,  passed  mid- 

shipman, midshipmen,1  clerks  of  admirals  and  paymas- 

ters and  of  other  officers  commanding  vessels,  second  and 

third  assistant  engineer,  master's  mate,  and  all  warrant- 

officers  in  the  naval  service,  ten  dollars  per  month;  and 

for  all  other  persons  whose  rank  or  office  is  not  men- 

tioned in  this  section,  eight  dollars  per  month;  and  the 

masters,  pilots,  engineers,  sailors,  and  crews  upon  the 

gunboats  and  war-vessels  shall  be  entitled  to  receive  the 

pension  allowed  herein  to  those  of  like  rank  in  the  naval 

service. 

That  from  and  after  the  passage  of  this  act,  the  pension 
for  total  disability  of  passed  assistant  engineers,  assistant  a 
engineers,  and  cadet  engineers  in  the  naval  service,  re- 
spectively,  shall  be  the  same  as  the  pensions  allowed 
officers  of  the  line  in  the  naval  service  with  whom  they 
have  relative  rank;  and  that  all  acts  or  parts  of  acts  in- 
consistent herewith  be,  and  are  hereby,  repealed.2 

That  from  and  after  July  sixteenth,  eighteen  hundred  18^8ct20Jgt^et  £8' 
and  sixty-two,  pensions  granted  to  lieutenant-command-  16|?e^8-g  ^J 
ers  in  the  Navy  for  disability,  or  on  account  of  their  ^Lieutenant 
death,  shall  be  the  same  as  theretofore  provided  for  lieu-  commanders  in 
tenants-commanding. 

Every  commissioned   officer  of  the   Army,   Naw,   or    sec.4696,R.s. 

.__      .      J-,  .  /'  Rate  of  pension 

Marine  Corps  shall  receive  such  and  only  such  pension  as  snail  be  according 
is  provided  in  the  preceding  section,  for  the  rank  he  held  time  disability 

.       .  .  .  .  ,.      was  contracted. 

at  the  time  he  received  the  injury  or  contracted  the  dis-    f|c'172's^ar-L3' 
ease  which  resulted  in  the  disability,  on  account  of  which  566.' 

J  '  .      .  See  sec.  1,  July 

he  may  be  entitled  to  a  pension  ;  and  any  commission  or  H,  isp,  12  stat. 
presidential  appointment,  regularly  issued  to  such  Person? 


shall  be  taken  to  determine  his  rank  from  and  after  the  from  and  after 

date  given  in  the 

date,  as  given  in  the  body  of  the  commission  or  appoint  -bodof  the  com- 


ment conferring  said  rank:  Provided,  That  a  vacancy    f  ™vi/°  june  6 
existed  in  the  rank  thereby  conferred;  that  the  person  isee,  i*  stat.  L.; 
commissioned  was  not  disabled  for  military  duty;    and 
that  he  did  not  willfully  neglect  or  refuse  to  be  mustered. 

1  Title  of  midshipman  changed  to  ensign,  and  midshipmen  now  on  the 
list  to  constitute  a  junior  grade  of  ensigns. 

2  Relative  rank  abolished  by  act  Mar.  3,  1899,  30  Stat.  L.,  1006,  c.  413. 


44  ARMY  AND   NAVY  PENSIONS. 

1897^29  Sat.  S|     That  any  Person  wno  was  duly  appointed  or  commis- 
59v\Xunteers.c" *'  si°ned  to  be  an  officer  of  the  volunteer  service  during  the 
war  of  the  rebellion,  and  who  was  subject  to  the  muster- 
ing regulations  at  the  time  applied  to  members  of  the 
volunteer  service  shall  be  held  and  considered  to  have  j 
been  mustered  into  the  service  of  the  United  States  in 
the  grade  named  in  his  appointment  or  commission  from 
oncers  to  take  the  date  from  which  he  was  to  take  rank  under  and  bv 

rank  by  terms  of  J 

appointment.      the  terms  of  his  said  appointment  or  commission,  whether 

Pay,etc.         ^  game  was"  actually  received  by  him  or  not,  and  shall 

be  entitled  to  pay,  emoluments,  and  pension  as  if  actually 

actual daPtrforr°ma.niustere(i  at  that  date :  Provided,  That  at  the  date  from 
ance  of  duties,  which  he  was  to  take  rank  by  the  terms  of  his  said  ap- 
pointment or  commission  there  was  a  vacancy  to  which  he 
could  be  so  appointed  or  commissioned,  and  his  command 
had  either  been  recruited  to  the  minimum  number  re- 
quired by  law  and  the  regulations  of  the  War  Depart- 
ment, or  had  been  assigned  to  duty  in  the  field,  and  that 
he  was  actually  performing  the  duties  of  the  grade  to 
which  he  was  so  appointed  or  commissioned ;  or  if  not  so 
performing  such  duties,  then  he  shall  be  held  and  con- 
sidered to  have  been  mustered  into  service  and  to  be 
entitled  to  the  benefits  of  such  muster  from  such  time 
after  the  date  of  rank  given  in  his  commission  as  he  may 
have  actually  entered  upon  such  duties :  Provided  further, 
Prisoners  of  That  anv  person  held  as  a  prisoner  of  war,  or  who  may 

war,  or  disabled.   ,  r  . '  .  J 

have  been  absent  by  reason  or  wounds,  or  in  hospital  by 
reason  of  disability  received  in  the  service  in  the  line  of 
duty,  at  the  date  of  issue  of  his  appointment  or  commis- 
sion, if  a  vacancy  existed  for  him  in  the  grade  to  which 
so  appointed  or  commissioned^  shall  be  entitled  to  all  the 
benefits  to  which  he  would  have  been  entitled  under  this 
Act  if  he  had  been  actually  performing  the  duties  of  the 
grade  to  which  he  was  appointed  or  commissioned  at  said 

Limitation,  date:  Provided  further.  That  this  Act  shall  be  contrued 
to  apply  only  in  those  cases  where  the  commission  bears 
date  prior  to  June  twentieth,  eighteen  hundred  and  sixty- 
three,  or  after  that  date  when  the  commands  of  the  per- 
sons appointed  or  commissioned  were  not  below  the  mini- 
mum number  required  by  then  existing  laws  and  regula- 

Deduction  of  tions:  And  provided  furtlier,  That  the  pay  and  allow- 
ances actually  received  for  the  period  covered  by  the 
recognition  extended  under  this  Act  shall  be  deducted 
from  the  sums  otherwise  to  be  paid  thereunder. 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       45 

That  the  heirs  or  legal  representatives  of  any  person    Juowance    to 
whose  muster  into  service  shall  be  recognized  and  estab-  heirs- 
llished  under  the  terms  of  this  Act  shall  be  entitled  to 
i  receive  the  arrears  of  pay  and  emoluments  due,  and  the 
pension,  if  any,  authorized  by  law,  for  the  grade  to  which 
recognition  shall  be  so  extended. 

That  the  pay  and  allowances  of  any  rank  or  grade    sec.3,id. 

L     J   .        _   .  ...  J  .No  deductions 

paid  to  and  received  by  any  military  or  naval  omcer  in 
good  faith  for  services  actually  performed  by  such  officer 
in  such  rank  or  grade  during  the  war  of  the  rebellion, 
other  than  as  directed  in  the  fourth  proviso  of  the  first 
section  of  this  Act,  shall  not  be  charged  to  or  recovered 
back  from  such  officer  because  of  any  defect  in  the  title  of 
such  officer  to  the  office,  rank,  or  grade  in  which  such 
services  were  so  actually  performed. 

That  all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  Act  be,  and  the  same  are  hereby,  re- 
pealed.1 

That  all  persons  who  served  ninety  days  or  more  in  1^oct26JsS5  £7' 
the  military  or  naval  service  of  the  United  States  dur-  18^^ffd4'  s^'4l 
ing  the  late  war  of  the  rebellion  and  who  have  beenice90days- 
honorably  discharged  therefrom,  and  who  are  now  or  Cl^r0e0rable  dis" 
who  may  hereafter  be  suffering  from  a  mental  or  physi- 
cal disability  of  a  permanent  character,  not  the  result    see  act  May  9, 
of  their  own  vicious  habits,  which  incapacitates  themm' 
from  the  performance  of  manual  labor  in  such  a  degree 
as  to  render  them  unable  to  earn  a  support,  shall,  upon 
making  due  proof  of  the  fact,  according  to  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may 
provide,  be  placed  upon  the  list  of  invalid  pensioners 
of  the  United  States,  and  be  entitled  to  receive  a  pension 
not  exceeding  twelve  dollars  per  month,  and  not  less    Rate- 
than  six  dollars  per  month,  proportioned  to  the  degree 
of  inability  to  earn  a  support;  and  such  pension  shall 

i  „,.  ,  ,.         .  Commence- 

commence  from  the  date  of  the  filing  of  the  application  ment. 

SPP  act  AJdT    6 

in  the  Pension  Office,  after  the  passage  of  this  act,  upon  i|96, »  Btet  L.| 
proof  that  the  disability  then  existed,  and  shall  continue 
during  the  existence  of  the  same:  Provided,  That  per-    Election- 
sons  who  are  now  receiving  pensions  under  existing  laws, 
or  whose  claims  are  pending  in  the  Pension  Office,  may, 

1  Prior  acts  relating  to  muster,  remuster,  and  pay  of  certain  officers 
and  enlisted  men  of  the  volunteer  forces  in  the  Civil  War  :  Joint  resolu- 
lution  July  26,  1866,  14  Stat.  L.,  368  ;  joint  resolution  July  11,  1870,  16 
Stat.  L.,  385  ;  act  June  3,  1884,  23  Stat.  L.,  34  ;  act  Feb.  3,  1887,  24  Stat 
L.,  377. 


46  ARMY  AND    NAVY  PENSIONS. 

by  application  to  the  Commissioner  of  Pensions,  in  such 
form  as  he  may  prescribe,  showing  themselves  entitled 
thereto,  receive  the  benefits  of  this  act;  and  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  any 
pensioner  thereunder  from  prosecuting  his  claim  and 
receiving  his  pension  under  any  other  general  or  special 
act:  Provided,  however,  That  no  person  shall  receive 
more  than  one  pension  for  the  same  period:  And  pro- 
ga?dedk  d  * s  r  e  ~  vided  further,  That  rank  in  the  service  shall  not  be  con- 
sidered in  applications  filed  under  this  act. 
sec  3,  id.  That  if  any  officer  or  enlisted  man  who  served  ninety 

Widows  and  »  %  *. 

minors.  days  or  more  in  the  Army  or  Navy  of  the  United  States 

during  the  late  war  of  the  rebellion,  and  who  was  honor- 
low6  3icstatayL9'  akty  discharged  has  died,  or  shall  hereafter  die,  leaving 
17°-  a  widow  without  other  means  of  support  than  her  daily 

labor,  or  minor  children  under  the  age  of  sixteen  years, 
such  widow  shall,  upon  due  proof  of  her  husband's  death, 
without  proving  his  death  to  be  the  result  of  his  Army 
service,  be  placed  on  the  pension-roll  from  the  date  of 
the  application  therefor  under  this  act,  at  the  rate  of 
eight  dollars  per  month  during  her  widowhood,  and 
shall  also  be  paid  two  dollars  per  month  for  each  child 
of  such  officer  or  enlisted  man  under  sixteen  years  of 
age,  and  in  case  of  the  death  or  remarriage  of  the  widow, 
leaving  a  child  or  children  of  such  officer  or  enlisted 
man  under  the  age  of  sixteen  years,  such  pension  shall 
be  paid  such  child  or  children  until  the  age  of  sixteen: 
manent?  'heFp-  Provided,  That  in  case  a  minor  child  is  insane,  idiotic, 
less  children.  or  otherwise  permanently  helpless,  the  pension  shall  con- 
tinue during  the  life  of  said  child,  or  during  the  period 
of  such  disability,  and  this  proviso  shall  apply  to  all 
pensions'  heretofore  granted  or  hereafter  to  be  granted 
under  this  or  any  former  statute,  and  such  pensions  shall 
commence  from  the  date  of  application  therefor  after 
the  passage  of  this  act :  And  provided  further,  That  said 
widow  shall  have  married  said  soldier  prior  to  the  pas- 
sage of  this  act. 

Attorneys  fee  That  no  agent,  attorney,  or  other  person  engaged  in 
preparing,  presenting,  or  prosecuting  any  claim  under 
the  provisions  of  this  act  shall,  directly  or  indirectly, 
contract  for,  demand,  receive,  or  retain  for  such  services 
in  preparing,  presenting,  or  prosecuting  such  claim  a 
1  sum  greater  than  ten  dollars,  which  sum  shall  be  payable 

only  upon  the  order  of  the  Commissioner  of  Pensions,  by 


INVALID  PENSIONS  BASED  ON  SEKVICE  SINCE  MARCH  4,  1861.       47 

he  pension  agent  making  payment  of  the  pension  al- 
owed,  and  any  person  who  shall  violate  any  of  the  pro- 
idsions  of  this  section,  or  who  shall  wrongfully  withhold  wuh0hnogidYng 
JTom  a  pensioner  or  claimant  the  whole  or  any  part  of  a  £jyjoner.n  fr°m 
pension  or  claim  allowed  or  due  such  pensioner  or  claim- 
ant under  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall,  for  each  and 
livery  such  offense,  be  fined  not  exceeding  five  hundred  pris^entd  im~ 
dollars,  or  be  imprisoned  at  hard  labor  not  exceeding  two 
[rears,  or  both,  in  the  discretion  of  the  court. 

That  sections  two  and  three  of  an  Act  entitled  "An  Act  31  Steffi,9!?™! 
granting  pensions  to  soldiers  and  sailors  who  are  inca-  ^^  June  27> 
oacitated  for  the  performance  of  manual  labor,  and  pro-  JSended; 2  and  3 
Hiding  for  pensions  to  widows,  minor  children,  and  de- 
pendent parents,"  be,  and  the  same  are  hereby,  amended 
1 30  as  to  read  as  follows: 

"SEC.  2.  That  all  persons  who  served  ninety  days  fl*  djJK 
more  in  the  military  or  naval  service  of  the  United  States  entitled- 
t during  the  late  war  of  the  rebellion  and  who  have  been 
honorably  discharged  therefrom,  and  who  are  now  or 
who  may  hereafter  be  suffering  from   any   mental  or 
physical  disability  or  disabilities  of  a  permanent  char- 
acter, not  the  result  of  their  own  vicious  habits,  which  soa^.ious  habits 
[incapacitates  them  from  the  performance  of  manual  labor 
as  to  render  them  unable  to  earn  a  support,  shall,  upon 
making  due  proof  of  the  fact,  according  to  such  rules  and 
regulations  as  the  Secretary  of  the  Interior  may  provide, 
be  placed  upon  the  list  of  invalid  pensioners  of  the 
United  States,  and  be  entitled  to  receive  a  pension  not  ex- 
ceeding twelve  dollars  per  month  and  not  less  than  six    Rate, 
'dollars  per  month,  proportioned  to  the  degree  of  inability  of  DfcSSty  tt(5 
to  earn  a  support ;  and  in  determining  such  inability  each  ea 
and  every  infirmity  shall  be  duly  considered,  and  the  ag- 
gregate  of  the  disabilities  shown  be  rated,  and  such  pen- rated" 
sion  shall  commence  from  the  date  of  the  filing  of  the  ap- 
plication  in  the  Bureau  of  Pensions,  after  the  passage  efffiS0* 
this  Act,  upon  proof  that  the  disability  or  disabilities  then 
existed,  and  shall  continue  during  the  existence  of  the 
same:  Provided,  That  persons  who  are  now  receiving appu3mtsersfo°r 
pensions  under  existing  laws,  or  whose  claims  are  pending 
in  the  Bureau  of  Pensions,  may,  by  application  to  the 
Commissioner  of  Pensions,  in  such  form  as  he  may  pre- 
scribe, showing  themselves  entitled  thereto,  receive  the 
benefits  of  this  Act ;  and  nothing  herein  contained  shall  be 


48 


ARMY  AND   NAVY   PENSIONS. 


on?n  efor 


nors  entitled. 


ify  widow. 


Minor's  title, 


so  construed  as  to  prevent  any  pensioner  thereunder  from 
prosecuting  his  claim  and  receiving  his  pension  under 
any  other  general  or  special  Act:  Provided,  however, 
That  no  person  shall  receive  more  than  one  pension  for 
^6  same  period:  And  provided  further,  That  rank  in 
the  service  shall  not  be  considered  in  applications  filed 
under  this  Act. 

"  SEC-  3.  That  if  any  officer  or  enlisted  man  who  served 
ninety  days  or  more  in  the  Army  or  Navy  of  the  United 
States  during  the  late  war  of  the  rebellion,  and  who 
was  honorably  discharged  has  died,  or  shall  hereafter  die. 
leaving  a  widow  without  means  of  support  other  than 
Amount  of  in-  her  daily  labor,  and  an  actual  net  income  not  exceeding  I 

come  to  disqual-  •* 

two  hundred  and  fifty  dollars  per  year,  or  minor  children 
under  the  age  of  sixteen  years,  such  widow  shall,  upon 
due  proof  of  her  husband's  death,  without  proving  his 
death  to  be  the  result  of  his  army  service,  be  placed  on 
the  pension  roll  from  the  date  of  the  application  therefor 
under  this  Act,  at  the  rate  of  eight  dollars  per  month 
during  her  widowhood,  and  shall  also  be  paid  two  dollars 
per  month  for  each  child  of  such  officer  or  enlisted  man 
under  sixteen  years  of  age;  and  in  case  of  the  death  or 
remarriage  of  the  widow,  leaving  a  child  or  children  of 
such  officer  or  enlisted  man  under  the  age  of  sixteen 
years,  such  pension  shall  be  paid  such  child  or  children 
,  Im£??2  or  help"  until  tne  age  °f  sixteen  :  Provided,  That  in  case  a  minor 

less  children.  ...  ...  . 

child  is  insane,  idiotic,  or  otherwise  physically  or  men- 
tally helpless,  the  pension  shall  continue  during  the  life 
of  said  child,  or  during  the  period  of  such  disability; 
and  this  proviso  shall  apply  to  all  pensions  heretofore 
granted  or  hereafter  to  be  granted  under  this  or  any 
m(en1tlo1feneCn-^ormer  s^tute  ;  and  such  pensions  shall  commence  from 
sions.  the  date  of  application  therefor  after  the  passage  of  this 

to  timea  o?  nmar-  Act:  And  provided  further.  That  said  widow  shall  have 
married  said  soldier  prior  to  the  passage  of  the  said  Act 
of  June  twenty-seventh,  eighteen  hundred  and  ninety." 
That  the  provisions  of  the  Act  of  June  twenty-seventh, 
n  nundred  and  ninety,  be,  and  are  hereby,  ex- 
ti(Act3of  June  27  tended  to  include  the  officers  and  privates  of  the  Missouri 
Sinapfeouri  State  Militia  and  the  Provisional  Missouri  Militia  who 
*  anJd  served  ninety  days  during  the  late  War  of  the  Rebellion, 
and  were  honorably  discharged,  and  to  the  widows  and 
minor  children  of  such  persons.     The  provisions  of  this 
Act  shall  include  all  such  persons  now  on  the  pension 
rolls,  or  who  may  hereafter  apply  to  be  admitted  thereto. 


Proviso- 


Mexi- 


Rating. 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MAECH  4,  1861.       49 

That  whenever  a  claim  for  pension  under  the  Act  of  184ct29  JftJJt  L' 
June  twenty-seventh,  eighteen  hundred  and  ninety, 
been,  or  shall  hereafter  be,  rejected,  suspended,  or  dis- 
missed,  and  a  new  application  shall  have  been,  or  shall 
hereafter  be,  filed,  and  a  pension  has  been,  or  shall  here- 
after be,  allowed  in  such  claim,  such  pension  shall  date 
from  the  time  of  filing  the  first  application,  provided  the 
evidence  in  the  case  shall  show  a  pensionable  disability 
to  have  existed,  or  to  exist,  at  the  time  of  filing  such  first 
application,  anything  in  any  law  or  ruling  of  the  Depart- 
ment to  the  contrary  notwithstanding. 

That  any  person  who  served  ninety  days  or  more  in 
the  military  or  naval  service  of  the  United  States  during 
the  late  civil  war  or  sixty  days  in  the  war  with  Mexico, 
and  who  has  been  honorably  discharged  therefrom,  and 
who  has  reached  the  age  of  sixty-two  years  or  over,  shall, 
upon  making  proof  of  such  facts  according  to  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may 
provide,  be  placed  upon  the  pension  roll,  and  be  entitled 
to  receive  a  pension  as  follows:  In  case  such  person  has 
reached  the  age  of  sixty-two  years,  twelve  dollars  per 
month  ;  seventy  years,  fifteen  dollars  per  month  ;  seventy- 
five  years  or  over,  twenty  dollars  per  month;  and  such 
pension  shall  commence  from  the  date  of  filing  of  the 
application  in  the  Bureau  of  Pensions  after  the  passage 
and  approval  of  this  Act  :  Provided,  That  pensioners  who  Provisos. 
are  sixty-two  years  of  age  or  over,  and  who  are  now  re-  Present  pen- 

.    .        J  .  J  .  '  sioners  and  appli- 

ceiving  pensions  under  existing  laws,  or  whose  claims  cants  entitled. 

are  pending  in  the  Bureau  of  Pensions,  may,  by  appli- 

cation to  the  Commissioner  of  Pensions  in  such  form  as 

he  may  prescribe,  receive  the  benefits  of  this  Act;  and 

nothing  herein  contained  shall  prevent  any  pensioner  or 

person  entitled  to  a  pension  from  prosecuting  his  claim 

and  receiving  a  pension  under  any  other  general  or  spe- 

cial Act  :  Provided,  That  no  person  shall  receive  a  pension    Double  pen- 

under  any  other"  law  at  the  same  time  or  for  the  samesions  Prohiblted- 

period  that  he  is  receiving  a  pension  under  the  provisions 

cf  this  Act:  Provided  further.  That  no  person  who  is    Restriction. 

now  receiving  or  shall  hereafter  receive  a  greater  pension 

under  any  other  general  or  special  law  than  he  would  be 

entitled  to  receive  under  the  provisions  herein  shall  be 

pensionable  under  this  Act. 

That  rank  in  the  service  shall  not  be  considered  in 

....  «T     -i   i  -, 

applications  filed  hereunder. 

8001°—  12—  5 


sec.2,id. 

Rank  in  service 

not  considered. 


50  ARMY  AND   NAVY   PENSIONS. 

i^enVnot  en-     That  no  pension  attorney,  claim  agent,  or  other  person 
saionto  compen"  shall  be  entitled  to  receive  any  compensation  for  services 
rendered  in  presenting  any  claim  to  the  Bureau  of  Pen- 
sions, or  securing  any  pension,  under  this  Act.  - 

i9o^70t34  stat'  L4'     *     *     *     And  provided  further,  That  hereafter  the  age 
14Age 'madepperl  °^  sixty-two  years  and  over  shall  be  considered  a  per- 
Ssab5itySpeCiflCmanem^  sp60^  disability  within  the  meaning  of  the  pen- 
acf  rib i06nsi9o?f  s^on  lftws :  And  provided  further,  That  the  benefits  of  the 
extended  "to'  cer^c^  °^  February  sixth,  nineteen  hundred  and  seven,  enti- 
oftled  "An  Act  granting  pension  to  certain  enlisted  men, 
soldiers,  and  officers  who  served  in  the  civil  war  and  the 
war  with  Mexico,"  are  hereby  extended  to  include  any 
person  who  served  the  period  of  time  therein  specified 
during  the  late  civil  war  or  in  the  war  with  Mexico 
and  who  is  now  or  may  hereafter  become  entitled  to  pen- 
sion under  the  Acts  of  June  twenty-seventh,  eighteen  hun- 
dred and  ninety,  February  fifteenth,  eighteen  hundrec 
and  ninety-five,  and  the  joint  resolution  of  July  first 
nineteen  hundred  and  two,  or  the  Acts  of  January  twenty- 
ninth,  eighteen  hundred  and  eighty-seven,  March  third 
eighteen  hundred  and  ninety-one,  and  February  seven- 
teenth, eighteen  hundred  and  ninety-seven, 
fteteofpensioii     ^or  ^e  P61^0^  commencing  July  fourth,  eighteen  hun- 
aSd  sSX'dfs-dred   an(^  sixty-four,  and  ending  June  third,  eighteen 
quenteto  JuYy^  hundred  and  seventy-two,  those  persons  entitled  to  a  less 
juife4ni87?riortoPens^on  than  hereinafter  mentioned,  who  shall  have  lost 
i873,c'i7 's^t.r'L3' hoth  feet  in  the  military  or  naval  service  and  in  the 
iSiTs^ta^L^li116  °f  duty,  shall  be  entitled  to  a  pension  of  twenty  dol- 
i8S,si3'statari!;lars  per  month;  for  the  same  period  those  persons  who, 
under  like  circumstances,  shall  have  lost  both  hands  or  the 
sight  of  both  eyes,  shall  be  entitled  to  a  pension  of  twenty- 
five  dollars  per  month;  and  for  the  period  commencing 
March  third,  eighteen  hundred  and  sixty-five,  and  ending 
June  third,  eighteen  hundred  and  seventy-two,  those  per- 
and°footf  see^ctsons  WRo  under  like  circumstances  shall  have  lost  one  hand 
stat'.  L?,' 264?7'  19and  one  foot,  shall  be  entitled  to  a  pension  of  twenty  dol- 
lars per  month;  and  for  the  period  commencing  June 
sixth,  eighteen  hundred  and  sixty-six,  and  ending  June 
third,  eighteen  hundred  and  seventy-two,  those  persons 
hands1  bothe^e?  wno  under  like  circumstances  shall  have  lost  one  hand  or 


„£?*',£?  one  foot,  shall  be  entitled  to  a  pension  of  fifteen  dollars 

OUl'    J  UJJ.C    J./j    lO/Oy 

andSMar'3''i879'Per  month ;  and  for  the  period  commencing  June  sixth, 
2°lor ^eg' amjju- e^hteen  hundred  and  sixty-six,  and  ending  June  third, 
^iot^i.  3,'e^hteen  hundred  and  seventy-two,  those  persons  entitled 
1879, 20  stat.  L.;  t0  a  less  pension  than  hereinafter  mentioned,  who  by 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       51 

reason  of  injury  received  or  disease  contracted  in  the  mil-  ^V'steTL6' 
itary  or  naval  service  of  the  United  States  and  in  the  line  56- 
of  duty,  shall  have  been  permanently  and  totally  disabled 
in  both  hands,  or  who  shall  have  lost  the  sight  of  one  eye, 
the  other  having  been  previously  lost,  or  who  shall  have 
been  otherwise  so  totally  and  permanently  disabled  as  to  23     to  total 
render  them  utterly  helpless,  or  so  nearly  so  as  to  require 
regular  personal  aid  and  attendance  of  another  person, 
shall  be  entitled  to  a  pension  of  twenty -five  dollars  per  f  *£*;  ^-» 
month ;  and  for  the  same  period  those  who  under  like  St|^^c 
circumstances  shall  have  been  totally  and  permanently^1^6'  14  stat> 
disabled  in  both  feet,  or  in  one  hand  and  one  foot,  or 
otherwise  so  disabled  as  to  be  incapacitated  for  the  per- 
formance of  any  manual  labor,  but  not  so  much  as  to 
require  regular  personal  aid  and  attention,  shall  be  enti- 
tled to  a  pension  of  twenty  dollars  per  month;  and  for 
the  same  period  all  persons  who  under  like  circumstances 
shall  have  been  totally  and  permanently  disabled  in  one 
hand,  or  one  foot,  or  otherwise  so  disabled  as  to  render 
their  inability  to  perform  manual  labor  equivalent  to  the 
loss  of  a  hand  or  foot,  shall  be  entitled  to  a  pension  of 
fifteen  dollars  per  month. 

From  and  after  June  fourth,  eighteen  hundred  and 
seventy-two,  all  persons  entitled  by  law  to  a  less  pension 
than  hereinafter  specified,  who  while  in  the  military  or 
naval  service  of  the  United  States,  and  in  line  of  duty 
shall  have  lost  the  sight  of  both  eyes,  or  shall  have  lostgcb°*h 
the  sight  of  one  eye,  the  sight  of  the  other  having  been 
previously  lost,  or  shall  have  lost  both  hands,  or  shall 
have  lost  both  feet,  or  been  permanently  and  totally  dis-Jstat.       r7| 
abled  in  the  same,   or   otherwise  so  permanently  ' 

totally  disabled  as  to  render  them  utterly  helpless,  or 
nearly  so  as  to  require  the  regular  personal  aid 
attendance  of  another  person,  shall  be  entitled  to  a  pen- p 
sion  of  thirty-one  dollars  and  twenty-five  cents  per  j 
month ;  and  all  persons  who,  under  like  circumstances,  JjJJJ®  i617i88o87li 
shall  have  lost  one  hand  and  one  foot,  or  been  totally  and  $**-  ^  ff^^ 
permanently  disabled  in  the  same,  or  otherwise  so  dis- stg^tsMar .3, 
abled  as  to  be  incapacitated  for  performing  any  manual  Jfjf  A2ugS4f  isk 
labor,  but  not  so  much  as  to  require  regular  personal  aid^dsg^ ^'m^', 
and  attendance,  shall  be  entitled  to  a  pension  of  twenty-  32|o?iossof9hand 
four  dollars  per  month ;  and  all  persons  who,  under  li 
circumstances,  shall  have  lost  one  hand,  or  one  foot,  or  fta^' 
been  totally  and  permanently  disabled  in  the  same,  orL-^4-leg  amp 
otherwise  so  disabled  as  to  render  their  incapacity  toj|^$h$i°" 

1879,  20  Stat,  L.,  483. 


52  ARMY   AND    NAVY   PENSIONS. 

perform  manual  labor  equivalent  to  the  loss  of  a  hand 

or  foot,  shall  be  entitled  to  a  pension  of  eighteen  dollars 

per  month:  Provided,  That  all  persons  who,  under  like 

1Joec'i74'a?f?r'T3'  circumstances,  ha've  lost  a  leg  above  the  knee,  and  in 

Ici/Oj  I/   DtciC.   -"-i 

consequence  thereof  are  so  disabled  that  they  can  not  use 
artificial  limbs,  shall  be  rated  in  the  second  class  and 
receive  twenty-four  dollars  per  month  from  and  after 
seJ°act  leugneS  June  fourth,  eighteen  hundred  and  seventy-two;  and  all 
J^'jai  Si5ati903'  persons  who,  under  like  circumstances,  shall  have  lost  the 
32  stat.  L.,773.    hearing  of  both  ears,  shall  be  entitled  to  a  pension  of 
thirteen  dollars  per  month  from  the  same  date:  Pro- 
penna^entJ-rate!  vided.  That  the  pension  for  a  disability  not  permanent, 
1873, 17  !£?.'  ~L.',  equivalent  in  degree  to  any  provided  for  in  this  section, 
shall,  during  the  continuance  of  the  disability  in  such 
degree,  be  at  the  same  rate  as  that  herein  provided  for  a 
permanent  disability  of  like  degree. 
ISM? i8J§£t.  i8;     Tnat  section  four  of  the  act  entitled  "An  act  to  revise, 
^see^ecs.60^,  consolidate,  and  amend  the  laws  relating  to  pensions," 
698,  R.  s.          an(j  approved  March  third,  eighteen  hundred  and  seventy- 
three,  be  so  amended  that  all  persons  who,  while  in  the 
military  or  naval  service  of  the  United  States,  and  in  the 
line  of  duty,  shall  have  been  so  permanently  and  totally 
disabled  as  to  require  the  regular  personal  aid  and  attend- 
ance of  another  person,  by  the  loss  of  the  sight  of  both 
eyes,  or  by  the  loss  of  the  sight  of  one  eye,  the  sight  of 
,!{£the  other  having  been  previously  lost,  or  by  the  loss  of 
both  hands,  or  by  the  loss  of  both  feet,  or  by  any  other 
injury  resulting  in   total   and  permanent  helplessness, 
Ma? te2 '  1903  ^  shall  be  entitled  to  a  pension  of  fifty  dollars  per  month ; 
stat.  L.,  944.       an(j  ^is  shall  be  in  lieu  of  a  pension  of  thirty-one  dollars 
and  twenty-five  cents  per  month  granted  to  such  person 
by  said  section:  Provided,  That  the  increase  of  pension 
shall  not  be  granted  by  reason  of  any  of  the  injuries 
herein  specified  unless  the  same  shall  have  resulted  in 
permanent  total  helplessness,  requiring  the  regular  per- 
sonal aid  and  attendance  of  another  person. 
|S-  Vd< ,          That  this  act  shall  take  effect  from  and   after  the 

Effective  from 

June  4, 1874.       fourth  day  of  June,  eighteen  hundred  and  seventy-four. 


i88oct2iJstat  if'      ^at  a^  soldiers  and  sailors  who  are  now  receiving  a 
^otaf  hei?tes£  pension  of  fifty  dollars  per  month,  under  the  provisions 
nesee  sees  4697  °^  an  act  entitled  "An  act  to  increase  the  pension  of 
4698,  R.  s.        '  soldiers  and  sailors  who  have  been  totally  disabled,"  ap- 
proved June  eighteenth,  eighteen  hundred  and  seventy- 
four,  shall  receive,  in  lieu  of  all  pensions  now  paid  them 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       53 

by  the  Government  of  the  United  States,  and  there  shall 
be  paid  them  in  the  same  manner  as  pensions  are  now 
paid  to  such  persons,  the  sum  of  seventy  two  dollars  per 
month. 

All  pensioners  whose  pensions  shall  be  increased  by    f|J;-2^ 
the  provisions  of  this  act  from  fifty  dollars  per  month  tois^is  stat^L.', 
seventy  two  dollars  per  month  shall  be  paid  the  differ-  *^*fj  ^g4^ 
ence  between  said  sums  monthly,  from  June  seventeenth,  stat.  L.|  144. ' 
eighteen  hundred  and  seventy  eight,  to  the  time  of  the 
taking  effect  of  this  act. 

Whereas,  it  is  apparent  that  the  present  pension  paid  to  184ct2oJstat  L7' 
soldiers  and  sailors  who  have  lost  both  their  hands  or  14J-9- 2*- 

Oct?     SCCo.     4O*7/j 

both  their  feet  in  the  service  of  the  country  is  greatly  4698> R- s- 
inadequate   to  the   support  of   such   as  have   families: 
Therefore, 

Be  it  enacted,  etc.,  That  on  and  after  the  passage  of  this^J^^^^ 
act,  all  soldiers  and  sailors  who  have  lost  either  both  their  ^ht  of  both 
hands  or  both  their  feet  or  the  sight  of  both  eyes  in  the  12f fss^S  stat. 
service  of  the  United  States,  shall  receive,  in  lieu  of  all 
pensions  now  paid  them  by  the  Government  of  the  United 
States,  and  there  shall  be  paid  to  them,  in  the  same  man- 
ner as  pensions  are  now  paid  to  such  persons,  the  sum  of 
seventy- two  dollars  per  month. 

That  the  act  of  June  seventeenth,  eighteen  hundred  and  18^f  20  &tat.  L3; 
seventy-eight,  entitled  "An  act  to  increase  the  pensions  of  ^loss20!*  sight 
certain  soldiers  and  sailors  who  have  lost  both  their  hands  b°seeeyjune  17, 
or  both  their  feet,  or  the  sight  of  both  eyes,  in  the  service  J^?'  ^j^&jy) 
of  the  country,"  be  so  construed  as  to  include  all  soldiers  J^ggo,  fi;  stat? 
and  sailors  who  have  become  totally  blind  from  causes L*' 28L 
occurring  in  the  service  of  the  United  States. 

That  from  and  after  the  passage  of  this  Act  all  persons  ^^  |££  L8; 
on  the  pension  roll,  and  all  persons  hereafter  granted  i-1^^0fpen! 
pension,  who,  while  in  the  military  or  naval  service  ttfggjdjjj    total 
the  United  States  and  in  the  line  of  duty,  shall  have  lost 
both  eyes,  or  who  have  become  totally  blind  from  causes 
occurring  in  the  service  of  the  United  States,  shall  re- 
ceive a  pension  at  the  rate  of  one  hundred  dollars  per 
month :  Provided,  however,  That  this  Act  shall  not  be  so 
construed  as  to  reduce  any  pension  under  any  Act,  public  ^ 
or  private. 

That  from  and  after  the  passage  of  this  act  all  per-  ^fjgJSi,  L2; 
sons  who,  in  the  military  or  naval  service  of  the  United  659>  c- 132- 
States  .and  in  the  line  of  dutv,  have  lost  both  hands,  shall ,  Lo.ss  _  °J.  both 

*  '  hands,  J100. 

be  entitled  to  a  pension  of  one  hundred  dollars  per  month. 


arm 


54  ARMY  AND   NAVY   PENSIONS. 

i877Cti9^etat  i'     That  all  persons  who,  while  in  the  military  or  naval 

264,  c.  73.  service  of  the  United  States  and  in  the  line  of  duty,  shall 

4ti98eVT'  4697>have  lost  one  hand  and  one  foot,  or  been  totally  and 

and°o5ne°foothand  permanently  disabled  in  both,  shall  be  entitled  to  a  pen- 

i903%2Cstatar'L2'  s^on  ^or  eacn  °^  sucn  disabilities,  and  at  such  a  rate  as 

is  provided  for  by  the  provisions  of  the  existing  laws 

for  each  disability :  Provided,  That  this  act  shall  not  be 

so  construed  as  to  reduce  pensions  in  any  case. 

That  all  persons  who  are  now  entitled  to  pensions 
under  existing  laws  and  who  have  lost  either  an  arm  at 
ator  above  the  elbow,  or  a  leg  at  or  above  the  knee,  shall 
leg  aat°Vor  eabove  ^e  rated  in  the  second  class,  and  shall  receive  twenty- 
knprohibition;fr)ur  dollars  per  month:  Provided,  That  no   artificial 
SSSi  nnibs.  °f  ^m^sJ  or  commutation  therefor,  shall  be  furnished  to 
such  persons  as  shall  be  entitled  to  pensions  under  this 
act. 

Iflec2tilde  from  That  this  act  shall  take  effect  from  and  after  the 
June  4, 1874.  fourth  day  of  June,  eighteen  hundred  and  seventy-four 
i883Ct22  sftat  i?'  That  f rom  and  after  the  passage  of  this  act  all  persons 
Increase  of  pen- on  *ne  pension-roll,  and  all  persons  hereafter  granted  a 
S  sailors1  who  pension,  who,  while  in  the  military  or  naval  service  of 
Sand  or°one  foot lne  United  States,  and  in  the  line  of  duty,  shall  have  lost 
hand  or  one  foot,  or  been  totally  or  permanently  dis- 
in  the  same,  or  otherwise  so  disabled  as  to  render 
L.%44?8'  their  incapacity  to  perform  manual  labor  equivalent  to 
^'the  loss  of  a  hand  or  foot,  shall  receive  a  pension  of 
twenty-four  dollars  per  month;  that  all  persons  now  on 
the  pension-roll  and  all  persons  hereafter  granted  a  pen- 


eibow,arS  si°n  wno  in  ^ke  manner  shall  have  lost  either  an  arm  at 
klee,ao°r0totann^  or  above  the  elbow  or  a  leg  at  or  above  the  knee,  or  shall 
uSiabOT^'^'hav6  been  otherwise  so  disabled  as  to  be  incapacitated  for 
performing  any  manual  labor,  but  not  so  much  as  to  re- 
quire regular  personal  aid  and  attendance,  shall  receive  a 
pension  of  thirty  dollars  per  month:  Provided,  That 
nothing  contained  in  this  act  shall  be  construed  to  repeal 
sec.  4699,  R.S.  section*  forty-six  hundred  and  ninety-nine  of  the  Re- 
vised Statutes  of  the  United  States  or  to  change  the  rate 
us  rate.          of  eighteen  dollars  per  month  therein  mentioned  to  be 
proportionately  divided  for  any  degree  of  disability  es- 
"  tablished  for  which  section  forty-six  hundred  and  ninety- 

five  makes  no  provision. 

1879^20  sftat".  L3'     That  all  pensioners  now  on  the  pension  rolls,  or  who 

48|'ee'  se?s.  4697,  mav  hereafter  be  placed  thereon,  for  amputation  of  either 

leg  at  the  hip  joint  shall  receive  a  pension  at  the  rate  of 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       55 

thirty-seven  dollars  and  fifty  cents  per  month  from  the  att^ointlonleg 

elate  of  the  approval  of  this  act.     32f ^l^i.4' 1886>  24  Stat' L"  22°;        2>  19°3' 

That  all  soldiers  and  sailors  of  the  United  States  who  lfi£f *«,  ¥tar;  T3' 

ooo,  £6  otat.   Li.t 

have  had  an  arm  taken  off  at  the  shoulder  joint,  caused 

by  injuries  received  in  the  service  of  their  country  while  jjfe] 

in  the  line  of  duty,  and  who  are  now  receiving  pensions,  ie™actSp°foS !°f 

shall  have  their  pensions  increased  to  the  same  amount  isif^stetf'L4* 

that  the  law  now  gives  to  soldiers  and  sailors  who  have  s^tatfL.2^3' 

lost  a  leg  at  the  hip  joint;  and  this  act  shall  apply  to  all 

who  shall  be  hereafter  placed  on  the  pension-roll. 

That  from  and  after  the  passage  of  this  act  all  per-  18^C2Vstat*L' 
sons    on   the    pension-rolls,    and    all    persons    hereafter  22^e£-  8S^-    4JSS8 
granted  a  pension,  who,  while  in  the  military  or  naval  ^endmeTte,  as 
service  of  the  United  States  and  in  line  of  duty,  shall  JS?^  $$}  (§{ 
have  lost  one  hand  or  one  foot,  or  been  totally  disabled  J^J-  f,  7',  \l\l\ 
in  the  same,  shall  receive  a  pension  of  thirty  dollars  a  j^ne^K 
month;  that  all  persons  now  on  the  pension-rolls,  and  Man's,3! 
all  persons  hereafter  granted  a  pension,  who  in  Iikeac^f0 
manner  shall  have  lost  either  an  arm  at  or  above  the 
elbow  or  a  leg  at  or  above  the  knee,  or  been  totally  dis-  sa£Js  of  ann  at 
abled  in  the  same,  shall  receive  a  pension  of  thirty-six  jjg^^above 
dollars  per  month;   and  that  all  persons  now  on  theknee- 
pension-rolls,  and  all  persons,  hereafter  granted  a  pension 
who  in  like  manner  shall  have  lost  either  an  arm  at  the  sh^je°f jSSt  or 
shoulder-joint  or  a  leg  at  the  hip-joint,  or  so  near  thejgjj^g11** 
joint  as  to  prevent  the  use  of  an  artificial  limb,  shall  ***** limb- 
receive  a  pension  at  the  rate  of  forty- five  dollars  per 
month:  Provided,  That  nothing  contained  in  this  act 
shall  be  construed  to  repeal  section  forty-six  hundred 
and  ninety-nine  of  the  Revised  Statutes  of  the  United 
States,  or  to  change  the  rate  of  eighteen  dollars  per  month 
therein  mentioned  to  be  proportionately  divided  for  any 
degree  of  disability  established  for  which  section  forty- 
six  hundred  and  ninety-five  makes  no  provision. 

That  from  and  after  the  passage  of  this  act  all  persons 
on  the  pension  roll,  and  all  persons  hereafter  granted  a' 
pension,  who,  while  in  the  military  or  naval  service  of  uSbs^titSdS! 
the  United  States  and  in  the  line  of  duty,  shall  have  lostgfty  in  same« 
one  hand  or  one  foot,  or  been  totally  disabled  in  the 
same,  shall  receive  a  pension  at  the  rate  of  forty  dollars 
per  month;  that  all  persons  who,  in  like  manner,  shall 
have  lost  an  arm  at  or  above  the  elbow  or  a  leg  at  or  above 
the  knee,  or  been  totally  disabled  in  the  same,  shall  receive 
a  pension  at  the  rate  of  forty-six  dollars  per  month ;  that 


50  ARMY  AND   NAVY  PENSIONS. 

all  persons  who,  in  like  manner,  shall  have  lost  an  arm 
at  the  shoulder  joint  or  a  leg  at  the  hip  joint,  or  so  near 
the  shoulder  or  hip  joint  or  where  the  same  is  in  such 
a  condition  as  to  prevent  the  use  of  an  artificial  limb,  I 
shall  receive  a  pension  at  the  rate  of  fifty-five  dollars  j 
per  month,  and  that  all  persons  who,  in  like  manner,  I 
shall  have  lost  one  hand  and  one  foot,  or  been  totally 
disabled  in  the  same,  shall  receive  a  pension  at  the  rate 
of  sixty  dollars  per  month ;  and  that  all  persons  who,  in 
LOSS  of  both  like  manner,  shall  have  lost  both  feet  shall  receive  a 
pension  at  the  rate  of  one  hundred  dollars  per  month : 
Provided,  however,  That  this  Act  shall  not  be  so  construed 
as  to  reduce  any  pension  under  any  act,  public  or  private. 
Act  Aug.  27,     That  from  and  after  the  passage  of  this  act  all  per- 1 
449,  c.  913.        ''sons  on  the  pension-rolls  of  the  United  States,  or  who 

Total  deafness, 

rate,  $30.  may  hereafter  be  thereon,  drawing  pension  on  account 

of  loss  of  hearing,  shall  be  entitled  to  receive,  in  liei 
see  act  Jan.  15,  of  the  amount  now  paid  in  case  of  such  disability,  th< 

1903,  32  ottit,  ij.f  m  ^ 

773.  sum  of  thirty  dollars,  in  cases  of  total  deafness,  an< 

such  proportion  thereof  in  cases  of  partial  deafness 
the  Secretary  of  the  Interior  may  deem  equitable;  th< 
amount  paid  to  be  determined  by  the  degree  of  disability 
existing  in  each  case. 
i903C32Jstat  if'     That  from  and  after  the  passage  of  this  act  all  per- 
^incmlS    total sons  on  ^e  Pensi°n  r°U  °f  tne  United  States,  or  wh< 
deafness.  $40.       mav  hereafter  be  placed  thereon,  receiving  pension  for 
total  loss  of  hearing  due  to  causes  originating  in  the 
military  or  naval  service  of  the  United  States  and  in 
the  line  of  duty,  shall  be  entitled  to  receive,  in  lieu  of  the 
amount  now  paid  in  case  of  such  disability,  the  sum  of 
Rate  for  partial  forty  dollars  per  month:  Provided.  That  said  increase 

deafness  not   af-    .     „    . 

fected.  shall  in  no  manner  affect  the  rate  of  pension  now  being 

paid  and  allowable  for  partial  deafness,  the  rating  for 
which  shall  be  continued  and  determined  in  accordance 
with  the  provisions  of  existing  law. 

n  Act  Mar    4,     That  all  soldiers,  sailors,  and  marines  who  have  since 

loyu,  -&o  feiii  t.  AJ.J 

16,0.25.  the  sixteenth  day  of  June,  eighteen  hundred  and  eighty, 

iesl-°r?1'uiarheler"or  w^°  ma^  nerea^er  become  so  totally  and  permanently 

teniance  ant~  helpless  from  injuries  received  or  disease  contracted  in 

i88oct2iJstat  if' the  seryice  and  line  °f  duty  as  to  require  the  regular 

28i, amended,    'personal  aid  and  attendance  of  another  person,  or  who, 

if  otherwise  entitled,  were  excluded  from  the  provisions 

of  "An  act  to  increase  pensions  of  certain  pensioned 

soldiers  and  sailors  who  are  utterly  helpless  from  in- 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       57 

juries  received  or  disease  contracted  while  in  the  United 
States  service,"  approved  June  sixteenth,  eighteen  hun- 
1  dred  and  eighty,  shall  be  entitled  to  receive  a  pension  at 
the  rate  of  seventy-two  dollars  per  month  from  the  date 
of  the  passage  of  this  act  or  of  the  certificate  of  the  ex- 
amining surgeon  or  board  of  surgeons  showing  such 
degree  of  disability  made  subsequent  to  the  passage  of 
this  act. 

That  soldiers  and  sailors  who  are  shown  to  be  totally 
incapacitated  for  performing  manual  labor  by  reason  of 
injuries  received  or  disease  contracted  in  the  service 
the  United  States  and  in  line  of  duty,  and  who  are 8S&dto$K?d' en~ 
thereby  disabled  to  such  a  degree  as  to  require  frequent 
and  periodical,  though  not  regular  and  constant,  personal 
aid  and  attendance  of  another  person,  shall  be  entitled  to 
receive  a  pension  of  fifty  dollars  per  month  from  and 
after  the  date  of  the  certificate  of  the  examining  surgeon 
or  board  of  examining  surgeons  showing  such  degree  of 
disability,  and  made  subsequent  to  the  passage  of  this  act. 

Except  in  cases  of  permanent  specific  disabilities,  no 
increase  of  pension  shall  be  allowed  to  commence  prior 
the  date  of  the  examining  surgeon's  certificate  establish-  g££g£ent  and 
ing  the  same,  made  under  the  pending  claim  for  increase,  igre^glSf  i?' 
and  in  this,  as  well  as  all  other  cases,  the  certificate  of  an 
examining  surgeon,  or  of  a  board  of  examining  surgeons, 
shall  be  subject  to  the  approval  of  the  Commissioner  of 
Pensions. 

The  rate  of  eighteen  dollars  per  month  may  be  pro- 
portionately  divided  for  any  degree  of  disability  estab- 
lished  for  which  section  forty-six  hundred  and  ninety-  J8.73' 17  stat-  L-» 
five  makes  no  provision. 

*     *     *    And  it  is  further  provided,  That  from  and18^c|g^-L2' 
after  the  passage  of  this  Act  all  pensioners  now  on  the704>'c-161'Part- ' 
rolls  who  are  pensioned  at  less  than  six  dollars  per  month,  of^si<m$6 rate 
for  any  degree  of  pensionable  disability,  shall  have  their 
pensions  increased  to  six  dollars  per  month;  and  that 
hereafter,   whenever   any  applicant   for  pension  would 
under  existing  rates,  be  entitled  to  less  than  six  dollars 
for  any  single  disability,  or  several  combined  disabilities, 
such  pensioner  shall  be  rated  at  not  less  than  six  dollars 
per  month:  Provided  also,  That  the  provisions  hereof ti^ctnotretroac- 
shall  not  be  held  to  cover  any  pensionable  period  prior  to 
the  passage  of  this  Act,  nor  authorize  a  rerating  of  any 
claims  for  any  part  of  such  period,  nor  prevent  the  allow- 


58  ARMY  AND   NAVY  PENSIONS. 

ance  of  lower  rates  than  six  dollars  per  month,  according 
to  the  existing  practice  in  the  Pension  Office  in  pending 
cases  covering  any  pensionable  period  prior  to  the  pas- 
sage of  this  Act. 

i879Ct2oJstat  £5'     That  all  pensions  which  have  been  granted  under  the 
2GAn-earsSCpen-  general  laws  regulating  pensions,  or  may  hereafter  be 
granted,  in  consequence  of  death  from  a  cause  which 
originated  in  the  United  States  service  during  the  con- 
tinuance of  the  late  war  of  the  rebellion,  or  in  con- 
sequence of  wounds,  injuries,  or  disease  received  or  con- 
tracted in  said  service  during  said  war  of  the  rebellion, 
commence- shall  commence  from  the  date  of  the  death  or  discharge 
from  said  service  of  the  person  on  whose  account  the 
claim  has  been  or  shall  hereafter  be  granted,  or  from  the 
termination  of  the  right  of  the  party  having  prior  title  to 
Rate.  such  pension :  Provided,  The  rate  of  pension  for  the  inter- 

vening time  for  which  arrears  of  pension  are  hereby 
granted  shall  be  the  same  per  month  for  which  the  pen- 
sion was  originally  granted. 

sec.  2,  id.  That  the  Commissioner  of  Pensions  is  hereby  author- 

Rules  and  regu-  .  .  J 

lations.  ized  and  directed  to  adopt  such  rules  and  regulations  for 

the  payment  of  the  arrears  of  pension  hereby  granted  as 
will  be  necessary  to  cause  to  be  paid  to  such  pensioner, 
or,  if  the  pensioner  shall  have  died,  to  the  person  or  per- 
sons entitled  to  the  same,  all  such  arrears  of  pension  as 
the  pensioner  may  be,  or  would  have  been,  entitled  to 
under  this  act. 

lee*  4717 'R  s  That  section  forty-seven  hundred  and  seventeen  of 
repealed.  '  "  the  Eevised  Statutes  of  the  United  States,  which  pro- 
vides that  "  no  claim  for  pension  not  prosecuted  to  a  suc- 
cessful issue  within  five  years  from  the  date  of  filing  the 
same  shall  be  admitted  without  record  evidence  from  the 
War  or  Navy  Department  of  the  injury  or  the  disease 
which  resulted  in  the  disability  or  death  of  the  person  on 
whose  account  the  claim  is  made :  Provided,  That  in  any 
case  in  which  the  limitation  prescribed  by  this  section 
bars  the  further  prosecution  of  the  claim,  the  claimant 
may  present,  through  the  Pension  Office,  to  the  Adjutant- 
General  of  the  Army  or  the  Surgeon-General  of  the  Navy, 
evidence  that  the  disease  or  injury  which  resulted  in  the 
disability  or  death  of  the  person  on  whose  account  the 
claim  is  made  originated  in  the  service  and  in  the  line  of 
duty ;  and  if  such  evidence  is  deemed  satisfactory  by  the 
officer  to  whom  it  may  be  submitted,  he  shall  cause  a  rec- 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,  1861.       59 

ord  of  the  fact  so  proved  to  be  made,  and  a  copy  of  the 
same  to  be  transmitted  to  the  Commissioner  of  Pensions, 
:and  the  bar  to  the  prosecution  of  the  claim  shall  thereby 
be  removed,"  be,  and  the  same  is  hereby,  repealed. 

No  claim  agent  or  other  person  shall  be  entitled  to 
receive  any  compensation  for  services  in  making  applica- 
tion  for  arrears  of  pension.  4769»  4786» R- s- 

That  all  acts  or  parts  of  acts  so  far  as  they  may  con- 
flict  with  the  provisions  of  this  act  be,  and  the  same  are 
hereby,  repealed. 

That  the  rate  at  which  the  arrears  of  invalid  pensions  18^20  ^  L3; 
shall  be  allowed  and  computed  in  the  cases  which  have  ^9r'tc- 187'  ^ 
been  or  shall  hereafter  be  allowed  shall  be  graded  accord-    Rate  of  arrears' 
ing  to  the  degree  of  the  pensioner's  disability  from  time 
to  time,  and  the  provisions  of  the  pension  laws  in  force 
over  the  period  for  which  the  arrears  shall  be  computed. 

That  section  one  of  the  act  of  January  twenty-fifth 
eighteen  hundred  and  seventy-nine,  granting  arrears  of 
pensions  shall  be  construed  to  extend  to  and  include  pen- 
sions on  account  of  soldiers  who  were  enlisted  or  drafted 
for  the  service  in  the  War  of  the  Rebellion,  but  died  or 
incurred  disability  from  a  cause  originating  after  the  ces- 
sation of  hostilities,  and  before  being  mustered  out :  Pro- 
vided, That  in  no  case  shall  arrears  of  pensions  be  allowed 
and  paid  from  a  time  prior  to  the  date  of  actual  disability. 

All  pensions  which  have  been,  or  which  may  hereafter   coin'm 
be,  granted  in  consequence  of  death  occurring  from  amentofpension- 
cause  which  originated  in  the  service  since  the  fourth 
day  of  March,  eighteen  hundred  and  sixty -one,  or  in  con- 
sequence of  wounds  or  injuries  received  or  disease  con- 
tracted since  that  date  shall  commence  from  the  death  or 
discharge  of  the  person  on  whose  account  the  claim  has 
been  or  is  hereafter  granted  if  the  disability  occurred 
prior  to  discharge,  and  if  such  disability  occurred  after 
the  discharge  then  from  the  date  of  actual  disability  or 
from  the  termination  of  the  right  of  party  having  prior 
title  to  such  pension :  Provided,  The  application  for  such  ^^0,%^ 
pension  has  been  or  is  hereafter  filed  with  the  Commis-  cl^'act  June  7> 
sioner  of  Pensions  prior  to  the  first  day  of  July,  eighteen  \®®> 25  stat-  L-' 
hundred  and  eighty,  otherwise  the  pension  shall  com- 
mence from  the  date  of  filing  the  application  l ;  but  the 

1  Limitation  as  to  date  of  filing  application  in  widows'  claims  removed 
by  act  of  June  7,  1888,  p.  62. 


GO  ARMY   ANt)    NAVY   PENSIONS. 


limitation  herein  prescribed  shall  not  apply  to  claims  fy 
or  minors.          or  jn  behalf  of  insane  persons  and  children  under  sixteei 

years  of  age. 
aec-?;™'r>          Section  forty-seven  hundred  and  nine  of  the  Reviser 

o6C.  470y?  xv«  o«j  . 

repealed.  Statutes  is  hereby  repealed. 


* 


ioQoo         T  *     Provided.  That  all  applicants  for  pension; 

1850,  16  btat.  Li.,    1111  ..  ..-.  t.... 

3Gloun3d^e£artat  sna^  ^e  presumed  to  have  had  no  disability  at  the  time  o: 
pre-  enlistment  ;  but  such  presumption  may  be  rebutted. 


Chapter  IV. 


[SIGNS  TO  WIDOWS  AND  DEPENDENT  RELATIVES  BASED  ON 
SERVICE  SINCE  MARCH  4,  1861. 


2.    4702,    R.    S.,   AS   AMENDED   BY   ACT  AUG. 

7,    1882.  Widows   and    minors,   when   en- 
titled. 

LCT  MAR.  19,  1886.  Increase  in  rate  to  cer- 
tain widows. 

LCT  JUNE  7,  1888.  Commencement  of 
widows'  pension. 

LCT  MAR.  3,  1875.  Pension  laws  extended 
to  widows,  etc.,  of  soldiers  murdered  at 
Centralia,  Mo. 

4703,  R.  S.  Increased  pensions  to 
widows,  etc.,  from  and  after  July  25, 
1866. 

LCT  JUNE  27,  1890,  SEC.  3.  Widows  and 
minors,  when  entitled. 

LCT  MAY  9,  1900,  SEC.  3.  Widows  and 
minors,  when  entitled. 

cT  APR.  19,  1908.  Widows  of  certain  of- 
ficers and  men  given  pensionable  status. 

LCT  MAR.   3,   1899,   PART.  Payment  of  pen- 
sion to  widows  ;  condition  as  to  date  of 
marriage  and  cohabitation. 
•SEC.  4704,  R.  S.  Legitimacy  of  children, 
sc.  4705,  R.  S.  Widows  of  colored  and  In- 
dian soldiers,  proof  of  marriage. 
SEC.    4706,    R.    S.  Abandonment    of    minor 
child  by  widow  forfeits  her  title  during 
its  pensionable  minority. 
SEC.  4707,  R.   S.  Succession  of  title  of  de- 
pendent relatives. 


ACT  JUNE  27,  1890,  SEC.  1.  Dependent 
parents,  sufficiency  of  evidence  to  show 
dependence. 

ACT  JAN.  3,  1887,  SEC.  2.  Date  of  death 
fixed  in  case  of  officers,  etc.,  lost  in  the 
wreck  of  the  steamer  Jeanette. 

ACT  JAN  3,  1887,  SEC.  3.  Twelve  months' 
pay  given  by  act  to  be  deducted  from 
pensions  granted  to  widows  and  minors, 
etc. 

ACT  JAN.  29,  1887,  SEC.  2.  One  year's  pay 
given  to  widows,  etc.,  of  those  lost  in 
the  wreck  of  the  Ashuelot;  to  be  de- 
ducted from  any  pension  allowed. 

ACT  MAR.  30,  1898,  SEC.  4.  Commencement 
of  pensions  arising  out  of  the  destruc- 
tion of  the  U.  S.  S.  Maine. 

SEC.  4708,  R.  S.  Remarriage  of  widow  ter- 
minates pension. 

ACT  MAR.  3,  1901.  Remarried  widows,  res- 
toration of  pension  to. 

ACT  FEB.  28,  1903.  Remarried  widows,  res- 
toration of  pension  to. 

ACT  MAR.  13,  1896.  Death  presumed  from 
seven  years'  unexplained  absence. 

SEC.  4735,  R.  S.  Widow  not  to  receive  pen- 
sion for  period  over  which  the  husband 
was  paid. 


That  section  forty-seven  hundred  and  two,  title  fif ty-  ^^  |£ft;  L7; 
'seven,  of  the  Revised  Statutes  of  the  United  States  jg346,c.«,aee.i. 
hereby  amended  so  as  to  read  as  follows : 

"SEC.  4702.  If  any  person  embraced  within  the  pro- 
!  visions  of  sections  forty-six  hundred  and  ninety-two  and  4702,  R.S., 
forty-six  hundred  and  ninety-three  has  died  since  theamen 
fourth  day  of  March,  eighteen  hundred  and  sixty-one,  or 
hereafter  dies,  by  reason  of  any  wound,  injury,  or  disease 
which  under  the  conditions  and  limitations  of  such  sec- 
tions would  have  entitled  him  to  an  invalid  pension  had 
he  been  disabled,  his  widow,  or  if  there  be  no  widow,  or 
in  case  of  her  death  without  payment  to  her  of  any  part 
of  the  pension  hereinafter  mentioned,  his  child  or  children 
under  sixteen  years  of  age,  shall  be  entitled  to  receive  the 
same  pension  as  the  husband  or  father  would  have  been 

61 


62  ARMY  AND  NAVY  PENSIONS. 

entitled  to  had  he  been  totally  disabled,  to  commence  from 
the  death  of  the  husband  or  father,  to  continue  to  the 
widow  during  her  widowhood,  and  to  his  child  or  children 
until  they  severally  attain  the  age  of  sixteen  years,  and 
no  longer  ;  and  if  the  widow  remarry,  the  child  or  children 
shall  be  entitled  from  the  date  of  remarriage,  except  I 
when  such  widow  has  continued  to  draw  the  pension-! 
money  after  her  remarriage,  in  contravention  of  law,  andl 
such  child  or  children  have  resided  with  and  been  sup-  1 
ported  by  her,  their  pension  will  commence  at  the  date  I 
to  which  the  widow  was  last  paid." 
sec.  2,  id.  That  marriages,  except  such  as  are  mentioned  in  sec-1 

Marriages;  now  °      }  A 

proven.  tion  forty-seven  hundred  and  five  of  the  Revised  Statutes] 

shall  be  proven  in  pension  cases  to  be  legal  marriages] 
according  to  the  law  of  the  place  where  the  parties  re-  1 
sided  at  the  time  of  marriage  or  at  the  time  when  the 
Adulterous  co-  right  to  pension  accrued;  and  the  open  and  notorious 

habitation  forfeits  ,     ,  .      ,.  '  .,  \ 

pension.  adulterous  cohabitation  or  a  widow  who  is  a  pensioner 

shall  operate  to  terminate  her  pension  from  the  com- 
mencement of  such  cohabitation. 

i  86t241stat  L'     That  from  and  after  the  passage  of  this  act  the  rate 
5,  c.  22,  sec.  i.      of  pension  for  widows,  minor  children,  and  dependent 

In  the  nature  of         ^ 

^meJ7d0^en^J  relatives   now   on  the  pension-roll,   or   hereafter   to   be| 
4707,  R.  s.          placed  on  the  pension-roll,  and  entitled  to  receive  a  less 

Increase     pen-  L 

sion  to  widows.  rate  than  hereinafter  provided,  shall  be  twelve  dollars 
per  month;  and  nothing  herein  shall  be  construed  to 
affect  the  existing  allowance  of  two  dollars  per  month 

date  of  marriage  ^or  eacn  child  under  the  age  of  sixteen  years:  Provided, 
That  this  act  shall  apply  only  to  widows  who  were  mar- 
ried to  the  deceased  soldier  or  sailor  prior  to  its  passage 
and  to  those  who  may  hereafter  marry  prior  to  or  dur- 
ing the  service  of  the  soldier  or  sailor.  And  all  acts  or 
parts  of  acts  inconsistent  with  the  provisions  of  this  acl 
are  hereby  repealed. 
sec.  2,  id.  That  no  claim  agent  or  attorney  shall  be  recognized  in 

No    attorney's    .  _.     _.  *       ,«  • 

fee  allowed.        the  adjudication  of  claims  under  this  act,  nor  shall  any 
such  person  be  entitled  to  receive  any  compensation  what- 
ever for  services  or  pretended  services  in  making  appli 
cations  thereunder. 
Act    June    7,     That  all  pensions  which  have  been,  or  which  may  here 

1888,  25  Stat.  L.,  .   J 

173^  c.  369,  part,   after  be,  granted  under  the  general  laws  regulating  pen- 
ment  of  widow's  sions  to  widows  in  consequence  of  death  occurring  from 


;  act  a  cause  which  originated  in  the  service  since  the  fourth 
moved.'  dav  of  March,  eighteen  hundred  and  sixty-one;  shall  com- 

mence from  the  date  of  death  of  the  husband  :    *     *    *. 


PENSION   TO  WIDOWS  AND  DEPENDENT  RELATIVES.  63 

tii    That  the  provisions  of  existing  pension  laws  be,  and  the  18^ct18  ^  L3> 
same  are  hereby,  extended  to  the  widows,  children,  de- 
ipendent  mothers  and  fathers,  or  orphan  brothers 
-sisters,  in  the  order  named,  of  those  lately  discharged  murdered ^S 
1  soldiers  of  the  Army  of  the  United  States,  who  were  mur-  traUa» Mo* 
jdered  by  guerrillas  at  Centralia,  Missouri,  in  eighteen 
hundred  and  sixty- four,  while  being  transported  on  the 
North  Missouri  Railroad. 

That  the  provisions  of  this  act  shall  be  construed  to 
extend  to  the  widows,  children,  dependent  mothers 
i  fathers,   or  orphan  brothers   and  sisters,  in  the  order  Missouri  militia, 
'named,  of  any  member  of  the  Missouri  militia  who  was 
I  murdered  as  aforesaid  by  guerrillas  at  Centralia,  Mis- 
fcouri,  in  eighteen  hundred  and  sixty-four. 

The  pensions  of  widows  shall  be  increased  from  and    ^reS  ^en- 
after  the  twenty-fifth  day  of  July,  eighteen  hundred  and  |j°cns  to  ™*°™. 
sixty-six  at  the  rate  of  two  dollars  per  month  for  each  i8f|ci79's^?f'L3; 
:  child  under  the  age  of  sixteen  years,  of  the  husband  on  JJ^'ISGG,  il  sta£ 
•account  of  whose  death  the  claim  has  been,  or  shall  be, J^ |37°; g^  jjs 
i  granted.    And  in  every  case  in  which  the  deceased  hus-  stat  L-» m 
Band  has  left,  or  shall  leave,  no  widow,  or  where  his  widow 
{has  died  or  married  again,  or  where  she  has  been  deprived 
:|of  her  pension  under  the  provisions  of  the  pension-law, 
if  the  pension  granted  to  such  child  or  children  shall  be 
^increased  to  the  same  amount  per  month  that  would  be 
i»  allowed  under  the  foregoing  provisions  to  the  widow,  if 
I  living  and  entitled  to  a  pension :  Provided,  That  the  addi-  nJ^fo/mmor 
tional  pension  herein  granted  to  the  widow  on  account  of  b? former  wife- 
'the  child  or  children  of  the  husband  by  a  former  wife 
i  shall  be  paid  to  her  only  for  such  period  of  her  widow- 
hood as  she  has  been,  or  shall  be,  charged  with  the  main- 
tenance of  such  child  or  children ;  for  any  period  during 
which  she  has  not  been,  or  she  shall  not  be,  so  charged,  it 
shall  be  granted  and  paid  to  the  guardian  of  such  child 
|!or  children:  Provided  further,  That  a  widow  or  guardian 
!  to  whom  increase  of  pension  has  been,  or  shall  hereafter 
,  be,  granted  on  account  of  minor  children,  shall  not  be 
deprived  thereof  by  reason  of  their  being  maintained  in 237- 
whole  or  in  part  at  the  expense  of  a  State  or  the  public 
in  any  educational  institution,  or  in  any  institution  organ- 
ized for  the  care  of  soldiers'  orphans.1 

1The  $2  additional  pension  granted  under  this  section  on  account  of 
minor  children  under  16  years  of  age  may  be  continued  in  cases  of  insane, 
idiotic,  or  helpless  children  during  the  life  of  such  children  or  during  the 
period  of  their  disability,  under  the  proviso  of  the  third  section  of  the  act 
of  June  27,  1890,  and  amendment  of  May  9,  1900. 


64  ARMY  AND   NAVY   PENSIONS. 

isxfV&tat  £7'  That  if  any  officer  or  enlisted  man  who  served  ninety 
)"'  days  or  more  in  the  Army  or  Navy  of  the  United  States 
d Curing  the  late  war  of  the  rebellion,  and  who  was 
minors.  honorably  discharged  has  died,  or  shall  hereafter  die, 

leaving  a  widow  without  other  means  of  support  than 
her  daily  labor,  or  minor  children  under  the  age  of 
baS?s  death?"8"  sixteen  years,  such  widow  shall,  upon  due  proof  of  her 
husband's  death,  without  proving  his  death  to  be  the 
result  of  his  army  service,  be  placed  on  the  pension-roll 
from  the  date  of  the  application  therefor  under  this  act, 
Rate-  at  the  rate  of  eight  dollars  per  month  during  her  widow- 

hood, and  shall  also  be  paid  two  dollars  per  month  for 
each  child  of  such  officer  or  enlisted  man  under  sixteen 
years  of  age,  and  in  case  of  the  death  or  remarriage  of 
the  widow,  leaving  a  child  or  children  of  such  officer  or 
Minor's  title,    enlisted  man  under  the  age  of  sixteen  years,  such  pension 
shall  be  paid  such  child  or  children  until  the  age  of 
S£ sixteen:  Provided ,  That  in  case  a  minor  child  is  insane, 
Sl^iotic,  or  otherwise  permanently  helpless,  the  pension 
slon-  shall  continue  during  the  life  of  said  child,  or  during 

the  period  of  such   disability,   and   this   proviso   shall 
apply  to  all  pensions  heretofore  granted  or  hereafter 
to  be  granted  under  this  or  any  former  statute,  and  such 
ment  of  pension."  pensions  shall  commence  from  the  date  of  application 
therefor  after  the  passage  of  this  act:  And  provided 
Limitation   as  further,  That  said  widow  shall  have  married  said  soldier 

to  date  of  mar- J     . 

riage.  prior  to  the  passage  of  this  act. 

3iita^Ly,9i7o,°c:     That  if  any  officer  or  enlisted  man  who  served  ninety 
38lec.  3,  act  June  days  or  more  in  the  Army  or  Navy  of  the  United  States 
27£8e^eT<?endt  during  the  late  war  of  the  rebellion,  and  who  was  hon- 
nora0entified.  "^  orably  discharged  has  died,  or  shall  hereafter  die,  leaving 
a  widow  without  means  of  support  other  than  her  daily 
comn^disquai-  labor,  and  an  actual  net  income  not  exceeding  two  hun- 
dred  and  fifty  dollars  per  year,  or  minor  children  under  I 
the  age  of  sixteen  years,  such  widow  shall,  upon  due  proof  I 
of  her  husband's  death,  without  proving  his  death  to  be  I 
the  result  of  his  Army  service,  be  placed  on  the  pension  I 
roll  from  the  date  of  the  application  therefor  under  this 
Act,  at  the  rate  of  eight  dollars  per  month  during  her  I 
widowhood,  and  shall  also  be  paid  two  dollars  per  month 
for  each  child  of  such  officer  or  enlisted  man  under  six- 
teen years  of  age ;  and  in  case  of  the  death  or  remarriage 
of  the  widow,  leaving  a  child  or  children  of  such  officer 
Minor's  title.    or  enlisted  man  under  the  age  of  sixteen  years,  such  pen-  i 


PENSION   TO   WIDOWS   AND  DEPENDENT  RELATIVES.  65 

sion  shall  be  paid  such  child  or  children  until  the  age 

of  sixteen :  Provided.  That  in  case  a  minor  child  is  in-    insane  or  help- 

.  , .     ..  .  .  ,,  less  children. 

J  sane,  idiotic,  or  otherwise  physically  or  mentally  helpless, 
I  the  pension  shall  continue  during  the  life  of  said  child,    continuance  of 
j  or  during  the  period  of  such  disability ;  and  this  proviso 
[  shall  apply  to  all  pensions  heretofore  granted  or  here- 
after to  be  granted  under  this  or  any  former  statute; 

and  such   pensions  shall  commence   from  the   date  of    commence- 
ment of  pensions. 

[  application  therefor  after  the  passage  of  this  Act:  And 

'  provided  further -,  That  said  widow  shall  have  married  toLtiSeato?nma¥ 

said  soldier  prior  to  the  passage  of  the  said  Act  of  June riage> 

twenty-seventh,  eighteen  hundred  and  ninety. 
That  from  and  after  the  passage  of  this  Act  the  rate ,  Act  -^pr.   *9» 

.  . T  ,  „  1908»  35  Stat-  L., 

of  pension  for  widows,  minor  children  under  the  age  of  64uc- 147>  s60-  \- 

•*•  '  e  Pensions;  in- 

sixteen  years,  and  helpless  minors  as  defined  by  existing 

[  laws,  now  on  the  roll  or  hereafter  to  be  placed  on  the 
pension  roll  and  entitled  to  receive  a  less  rate  than  here- 

.  inafter  provided,  shall  be  twelve  dollars  per  month ;  and 
nothing  herein  shall  be  construed  to  affect  the  existing mo^tan* e    per 
allowance  of  two  dollars  per  month  for  each  child  under 
the  age  of  sixteen  years  and  for  each  helpless  child ;  and 

i  all  Acts  or  parts  of  Acts  inconsistent  with  the  provisions 
of  this  Act  are  hereby  repealed :  Provided,  however,  That    ^reduction. 

[  this  Act  shall  not  be  so  construed  as  to  reduce  any  pension 

!  under  any  act,  public  or  private. 

That  if  any  officer  or  enlisted  man  who  served  ninety    widows^  soi- 
days  or  more  in  the  Army  or  Navy  of  the  United  States 
during  the  late  civil  war  and  who  has  been  honorably 

\  discharged  therefrom  has  died  or  shall  hereafter  die, 

j  leaving  a  widow,  such  widow  shall,  upon  due  proof  of  her 

husband's  death,  without  proving  his  death  to  be  the  ^  Death  incident 

.        ,        ,       ,  to  .servlce  not  TG~ 

result  or  his  army  or  navy  service,  be  placed  on  the  quired. 

pension  roll  from  the  date  of  the  filing  of  her  application 
|  therefor  under  this  Act  at  the  rate  of  twelve  dollars  per 
'  month  during  her  widowhood,  provided  that  said  widow 
shall  have  married  said  soldier  or  sailor  prior  to  June 
twenty-seventh,  eighteen  hundred  and  ninety ;  and  the 
I  benefits  of  this  section  shall  include  those  widows  whose Ca4sdditional 
I  husbands  if  living  would  have  a  pensionable  status  under 
1  the  Joint  Resolutions  of  February  fifteenth,  eighteen  hun- 
dred and  ninety-five,  July  first,  nineteen  hundred  and 
two,  and  June  twenty-eighth,  nineteen  hundred  and  six. 

That  no  claim  agent  or  attorney  shall  be  recognized  in    5Someys  etc 
the  adjudication  of  claims  under  the  first  section  of  this fees  restricte'd- 
8001°— 12 6 


66  ARMY  AND   NAVY  PENSIONS. 

Act,  and  that  no  agent,  attorney,  or  other  person  engaged 
in  preparing,  presenting,  or  prosecuting"  any  claim  under 
the  provisions  of  the  second  section  of  this  Act  shall, 
directly  or  indirectly,  contract  for,  demand,  receive,  or 
retain  for  such  services  in  preparing,  presenting,  or  prose- 
Amount,  cuting  such  claim  a  sum  greater  than  ten  dollars,  which 
sum  shall  be  payable  only  upon  the  order  of  the  Commis- 
sioner of  Pensions  by  the  pension  agent  making  payment 
of  the  pension  allowed ;  and  any  person  who  shall  violate 
any  of  the  provisions  of  this  section  or  who  shall  wrong- 
fully withhold  from  the  pensioner  or  claimant  the  whole i 
or  any  part  of  a  pension  or  claim  allowed  or  due  such 
pensioner  or  claimant  under  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
penalty.  shall,  for  each  and  every  such  offense,  be  fined  not  exceed- 
ing five  hundred  dollars  or  be  imprisoned  at  hard  labor 
not  exceeding  two  years,  or  both,  in  the  discretion  oi] 
the  court. 

1899*30  &tat.  i?     *     *     *     Provided  further,  That  hereafter  no  pension 
13s94c.46°>47r6t:6lmder  any  law  of  the  United  States  shall  be  granted. 
aDpayement  of  allowed,  or  paid  to  the  widow  of  a  soldier,  sailor,  officer. 
^fconditioMas nava^  or  military,  marine,  marine  officer,  or  any  other 
riage.ate  °f  mar~male  person  entitled  to  a  pension  under  any  law  of  the 
United  States,  unless  it  shall  be  proved  and  established 
that  the  marriage  of  such  widow  to  the  soldier,  sailor, 
officer,  marine,  or  other  person  on  account  of  whose  serv- 
ice the  pension  is  asked,  was  duly  and  legally  contracted 
and  entered  into  prior  to  the  passage  of  this  Act,  or  un- 
less such  wife  shall  have  lived  and  cohabited  with  such 
soldier,  sailor,  officer,  marine,  marine  officer,  or  other  per- 
son continuously  from  the  date  of  the  marriage  to  the 
date  of  his  death,  or  unless  the  marriage  shall  take  place 
hereafter  and  prior  to  or  during  the  military  or  naval 
service  of  the  soldier,  sailor,  officer,  marine,  or  other  per- 
son on  account  of  whose  service  the  pension  is  asked  oi 
ap>p°nciabsient°oc^a^me(^-     ^his  proviso  shall  not  apply  to  or  affect  the 
claims1  i sh  Warw^ow  °^  an^  s°ldier,  sailor,  marine,  officer,  or  marine 
officer  serving  or  who  has  served  in  the  war  between  the 
United  States  and  the  Kingdom  of  Spain. 

L?git12abR'  ?f     *n  tne  administration  of  the  pension  laws  children  borr 
Clsecei6  Mar  3  before  the  marriage  of  their  parents,  if  acknowledged  bj 
1873, 17  fetat.  L.J  the  father  before  or  after  the  marriage,  shall  be  deemed 
legitimate. 


PENSION    TO   WIDOWS   AND   DEPENDENT  RELATIVES.  67 

The  widows  of  colored  and  Indian  soldiers  and  sailors    widowS5'oFcoi- 


who  have  died,  or  shall  hereafter  die,  by  reason  of  wounds 
or  injuries  received,  or  casualty  received,  or  disease  con-  sec.  n,  Mar.  3, 
tracted,  in  the  military  or  naval  service  of  the  United  570;  'sec.  14,  July 
States,  and  in  the  line  of  duty,  shall  be  entitled  to  receive  L'-,  389;  sec.  u, 

J  '  June  6,   1866,   14 

the  pension  provided  by  law  without  other  evidence  of  stat.  L.,  58;  sec. 

2,  June  15,  1866, 

marriage  than  satisfactory  proof  that  the  parties  were  H  stat.  L.,  353. 

joined  in  marriage  by  some  ceremony  deemed  by  them 

obligatory,  or  habitually  recognized  each  other  as  man 

and  wife,  and  were  so  recognized  by  their  neighbors,  and 

lived  together  as  such  up  to  the  date  of  enlistment,  when 

such  soldier  or  sailor  died  in  the  service,  or,  if  otherwise, 

to  date  of  death  ;  and  the  children  born  of  any  marriage    L 

so  proved  shall  be  deemed  and  held  to  be  lawful  chil- 

dren of  such  soldier  or  sailor,  but  this  section  shall  not 

be  applicable  to  any  claims  on  account  of  persons  who 

enlist  after  the  third  day  of  March,  one  thousand  eight 

hundred  and  seventy-three. 

If  any  person  has  died,  or  shall  hereafter  die,  leaving 
a  widow  entitled  to  a  pension  by  reason  of  his  death  and  a  S 
child  or  children  under  sixteen  years  of  age  by  suchgjjdren   forfeits 
widow,  and  it  shall  be  duly  certified  under  seal  by  any  i8?3e,ci72stetarL3; 
court  having  probate  jurisdiction,  that  satisfactory  evi-  %™\j$;  \\'  ggj? 
dence  has  been  produced  before  such  court,  upon  due  ^»  S^il'lffi 
notice  to  the  widow,  that  she  has  abandoned  the  care  of  L'^^ct  Aug.  7, 
such  child  or  children,  or  that  she  is  an  unsuitable  per-  Jg2'  22  stat-  L- 
son,  by  reason  of  immoral  conduct,  to  have  the  custody 
of  the  same,   on  presentation  of  satisfactory  evidence 
thereof  to  the  Commissioner  of  Pensions,  no  pension  shall 
be  allowed  to  such  widow  until  such  child  or  children 
shall  have  attained  the  age  of  sixteen  years,  any  pro- 
visions of  law  to  the  contrary  notwithstanding;  and  the 
said  child  or  children  shall  be  pensioned  in  the  same  man- 
ner, and  from  the  same  date,  as  if  no  widow  had  survived  m2£jfnMj[t  C01]£ 
such  person,  and  such  pension  shall  be  paid  to  the  guar-  minor- 
dian  of  such  child  or  children;  but  if  in  any  case  pay- 
ment of  pension  shall  have  been  made  to  the  widow,  the 
pension  to  the  child  or  children  shall  commence  from  the 
date  to  which  her  pension  has  been  paid. 

If  any  person  embraced  within  the  provisions  of  sec-  f^^T^-  ^ 
tions  forty-six  hundred  and  ninety-two  and  forty-six  dependent  reia- 
hundred  and  ninety-three  has  died  since  the  fourth  day  sec.  is,  Mar.  3, 
of  March,  eighteen  hundred  and  sixty-one,  or  shall  here-  571  -sees.  3  and  <*! 

July  14,  1862,  12 
Stat.  L.,  56G;  sec.  12,  June  6,  1866,  14  Stat.  L.,  58;  sec.  1,  July  27,  1868,  15  Stat.  L.,  235. 


68  AEMY  AND   NAVY   PENSIONS. 

after  die,  by  reason  of  any  wound,  injury,  casualty,  or 
disease,  which  under  the  conditions  and  limitations  of 
such  sections  would  have  entitled  him  to  an  invalid  pen- 
sion, and  has  not  left  or  shall  not  leave  a  widow  or  legiti- 
mate child,  but  has  left  or  shall  leave  other  relative  or 
relatives  who  were  dependent  upon  him  for  support,  in 
whole  or  in  part,  at  the  date  of  his  death,  such  relative 
or  relatives  shall  be  entitled,  in  the  following  order  of 
precedence,  to  receive  the  same  pension  as  such  person 
would  have  been  entitled  to  had  he  been  totally  disabled, 
commence- to  commence  from  the  death  of  such  person,  namely: 
first,  the  mother;  secondly,  the  father;  thirdly,  orphan 
brothers  and  sisters  under  sixteen  years  of  age,  who  shall 
different  be  pensioned  jointly:  Provided,  That  where  orphan  chil- 
^ren  of  the  same  parent  have  different  guardians,  or  a 
portion  of  them  only  are  under  guardianship,  the  share 
of  the  joint  pension  to  which  each  ward  shall  be  entitled 
shall  be  paid  to  the  guardian  of  such  ward:  Provided, 
That  if  in  any  case  said  person  shall  have  left  father  and 
mother  who  were  dependent  upon  him,  then,  on  the  death 
of  the  mother,  the  father  shall  become  entitled  to  the  pen- 
sion,  commencing  from  and  after  the  death  of  the 
mother;  and  upon  the  death  of  the  mother  and  father,  or 
upon  the  death  of  the  father  and  the  remarriage  of  the 
mother,  the  dependent  brothers  and  sisters  under  sixteen 
years  of  age  shall  jointly  become  entitled  to  such  pension 
until  they  attain  the  age  of  sixteen  years  respectively, 
commencing  from  the  death  or  remarriage  of  the  party 
Assumption  of  who  had  the  prior  right  to  the  pension:  Provided,  That 
when.  '  a  mother  shall  be  assumed  to  have  been  dependent  upon 

her  son  within  the  meaning  of  this  section  if,  at  the  date 
of  his  death,  she  had  no  other  adequate  means  of  support 
than  the  ordinary  proceeds  of  her  own  manual  labor  and 
the  contributions  of  said  son  or  of  any  other  persons  not 
legally  bound  to  aid  in  her  support;  and  if,  by  actual 
contributions,  or  in  any  other  way,  the  son  had  recog- 
nized his  obligations  to  aid  in  support  of  his  mother,  or 
was  by  law  bound  to  such  support,  and  that  a  father  or 
minor  brother  or  sister  shall,  in  like  manner  and  under 
like  conditions,  be  assumed  to  have  been  dependent,  ex- 
cept that  the  income  which  was  derived  or  derivable  from 
his  actual  or  possible  manual  labor  shall  be  taken  into 
account  in  estimating  a  father's  means  of  independent  I 
lowed1  diirmg  p1^  support  •  Provided  further.  That  the  pension  allowed  to 
encdeoSydepend"any  person  on  account  of  his  or  her  dependence,  as  here- 


PENSION   TO   WIDOWS   AND  DEPENDENT  RELATIVES.  69 

inbefore  provided,  shall  not  be  paid  for  any  period  dur- 
ing which  it  shall  not  be  necessary  as  a  means  of  adequate 
subsistence.1 

That  in  considering  the  pension  claims  of  dependent  18^f26Jgt"t  ff» 
parents,  the  fact  of  the  soldier's  death  by  reason  of  any  18^eCpe^dentc'  £ 
wound,  injury,  casualty,  or  disease  which,  under  the  con-rents- 
ditions  and  limitations  of  existing  laws,  would  have  en- 
titled him  to  an  invalid  pension,  and  the  fact  that  the 
soldier  left  no  widow  or  minor  children  having  been 
shown  as  required  by  law,  it  shall  be  necessary  only  to 
show   by  competent   and   sufficient  evidence   that   such 
parent  or  parents  are  without  other  present  means  of 
support  than  their  own  manual  labor  or  the  contribu- 
tions  of   others  not   legally   bound   for   their   support: 
Provided,  That  all  pensions  allowed  to  dependent  par- 
ents under  this  act  shall  commence  from  date  of  the    com  me  nee- 
filing  of  the  application  hereunder  and  shall  continue  no  continuance. 
longer  than  the  existence  of  the  jdependence. 

That  the  twenty- third  day  of  March,  eighteen  hun-    Act  Jan.  3,  ISST, 
dred  and  eighty-two,  being  the  date  of  finding  the  re-  c.  is,  sec.  2.'' 

.. .  «,  .  ,     Date  of  decease 

mains  of  the  commanding  officer  and  others  of  the  saidof  officers,  etc., 
expedition,  shall  be  deemed  and  taken  to  be  the  date  of  steamer  jean- 
the  decease  of  the  following-named  officers  and  enlisted  deemed  Mar.  23, 

•I  CCO 

men  of  the  expedition  who  lost  their  lives  in  the  retreat 
from  the  wreck  of  the  said  steamer  Jeannette,  namely: 
Lieutenant-Commander  George  W.  De  Long;  Lieuten- 
ant Charles  W.  Chipp ;  Passed  Assistant  Surgeon  James 
M.  Ambler;  Jerome  J.  Collins,  meteorologist;  William 
Dunbar,  ice-pilot;  Walter  Lee,  machinist;  Henrich  H. 
Kaack,  Carl  A.  Gortz,  Adolph  Dressier,  Hans  H.  Erich- 
sen,  Ah  Sam,  Alfred  Sweetman,  Henry  D.  Warren,  Peter 
E.  Johnson,  Edward  Star,  and  Albert  G.  Kuehne,  sea- 
men ;  Nelse  Iverson,  George  W.  Boyd,  and  Walter  Shar- 
vill,  coal-heavers;  and  seaman  Alexy. 

*     *     *     Provided  further.  That  in  any  case  where    sec.  3,  id.,  part. 

„  .  Twelvemonths' 

heretofore  a  pension  has  been  granted,  or  may  hereafter  p^y^ppr 
in  fact  be  granted,  to  any  such  widow,  child,  or  de- deducted 
pendent  parent,  by  reason  of  the  death  of  any  of  the 
persons  named  in  the  second  section  of  this  act,  in  the 
payment  of  such  pension  account  shall  be  taken  of  any 
sum  paid  under  this  act,  and  to  the  extent  of  its  amount 
said  sum  shall  be  in  lieu  and  stead  of  such  pension,  and 
no  further. 


1  See  sec.  1,  act  June  27,  1890,  next  below. 


70  ARMY   AND    NAVY   PENSIONS. 

1887*24  Jstat  S;  That  tne  widow,  child,  or  children,  or  in  case  there  be 
paV' 74'  se°*  *' not  sucn>  then  tne  surviving  parent  or  parents  of  those 
Pa?nto  widows8*?  ^n  tne  seryice  who  were  l°st  in  the  wreck  of  the  United 


^'States  steamer  Ashuelot,  namely:  William  Gronan,  sea- 
u.  s.  s.  Ashuelot.  man .  George  Valentine,  captain  of  the  hold ;  Fritz  Rack- 
enbach,  quartermaster;  William  Bronson,  landsman; 
Saint  Leger  Crone,  quarter-gunner;  Ah  Kid,  painter; 
Sun  Shing,  carpenter's  mate;  George  Ashton,  carpenter; 
Ah  Yoo,  landsman;  Andrew  Scotland,  private  marine; 
and  Benjamin  H.  Wohlrab,  landsman,  shall  be  entitled 
to  and  receive,  out  of  any  money  in  the  Treasury  of  the 
United  States  not  otherwise  appropriated,  as  follows,  to 
wit:  The  relatives,  in  the  order  named,  of  the  persons 
connected  with  the  United  States  steamer  Ashuelot  here- , 
inbefore  referred  to,  a  sum  equal  to  twelve  months'  sea- 
.  Amount  to  be  pay  of  each  person  lost :  Provided.  That  in  anv  case 

deducted      from »    »  >f 

pension.  where  heretofore  a  pension  has  been  granted,  or  may 

hereafter  in  fact  be  granted,  to  any  such  widow,  child, 
or  dependent  parent  by  reason  of  the  death  of  any  of 
the  persons  named  in  this  section,  in  the  payment  of 
such  pension  account  shall  be  taken  of  any  sum  paid  as 
above  provided,  and  to  the  extent  of  its  account  said 
sum  shall  be  in  lieu  and  stead  of  such  pension,  and  no 
further:  *  *  * 

lawfaoHSt.  L°;  *  *  *  Provided,  That  nothing  herein  shall  affect -the 
part.0' 103>  sec' 4>  right  of  any  of  the  beneficiaries  under  this  Act  to  any 
pension  to  which  they  may  be  entitled  under  existing  law 
d£  after  the  expiration  of  one  year  from  said  fifteenth  day 

of  February,  eighteen  hundred  and  ninety-eight. 
R?marrfag?' S'     The  remarriage  of  any  widow,  dependent  mother,  or 
isT^i^stat^L3'  dependent  sister,  entitled  to  pension,  shall  not  bar  her 
right  to  such  pension  to  the  date  of  her  remarriage, 
whether  an  application  therefor  was  filed  before  or  after 
such  marriage ;  but  on  the  remarriage  of  any  widow,  de-  | 
yf  Ir  Biles' Pen(knt  mother,  or  dependent  sister,  having  a  pension, 

15Stat:L.,'237.  '  guch  pension  shall  cease. 

i9oict3i  Sat  L3'  That  section  forty-seven  hundred  and  eight  of  the  laws 
14ie«c  4708  iiV *  °^  ^ne  United  States  governing  the  granting  of  army  and 
aiseeact'Feb  28  navy  pensions  be,  and  the  same  is,  amended  to  read  as 

1903,  32  Stat.  L.)  f  olloWS  * 

920. 

widow  sidenendf     ^&  remarriage  °&  anv  widow,  dependent  mother,  or 

ent  mother,  etc.,  dependent  sister  entitled  to  pension  shall  not  bar  her  right 
ceases  on  remar- 
riage- to  such  pension  to  the  date  of  her  remarriage,  whether  an 


PENSION    TO   WIDOWS   AND  DEPENDENT  RELATIVES.  71 

application  therefor  was  filed  before  or  after  such  mar- 
riage; but  on  the  remarriage  of  any  widow,  dependent 
mother,  or  dependent  sister  having  a  pension,  such  pen- 
sion shall  cease:  Provided,  however,  That  any  widow  who 


was  the  lawful  wife  of  any  officer  or  enlisted  man  in  the  ^fdownood  W(by 
Army,  Navy,  or  Marine  Corps  of  the  United  States,  dur-JJJJJ^'p^: 
ing  the  period  of  his  service  in  any  war,  and  whose  name  vided~ 
was  placed  or  shall  hereafter  be  placed  on  the  pension 
roll  because  of  her  husband's  death  as  the  result  of  wound 
or  injury  received  or  disease  contracted  in  such  military 
or  naval  service,  and  whose  name  has  been  or  shall  here- 
after be  dropped  from  said  pension  roll  by  reason  of  her 
marriage  to  another  person  who  has  since  died  or  shall 
hereafter  die,  or  from  whom  she  has  been  heretofore  or 
shall  be  hereafter  divorced,  upon  her  own  application  and 
without  fault  on  her  part,  and  if  she  is  without  means  of 
support  other  than  her  daily  labor  as  defined  by  the  Acts 
of  June  twenty-seventh,  eighteen  hundred  and  ninety, 
and  May  ninth,  nineteen  hundred,  shall  be  entitled  to 
have  her  name  again  placed  on  the  pension  roll  at  the 
rate  now  provided  for  widows  by  the  Acts  of  July  four- 
teenth, eighteen  hundred  and  sixty-two,  March  third, 
eighteen  hundred  and  seventy-three,  and  March  nine- 
teenth, eighteen  hundred  and  eighty-six,  such  pension  ro 
commence  from  the  date  of  the  filing  of  her  application 
in  the  Pension  Bureau  after  the  approval  of  this  Act : * 
And  provided  further,  That  where  such  widow  is  already 
in  receipt  of  a  pension  from  the  United  States  she  shall sion- 
not  be  entitled  to  restoration  under  this  Act:  And  pro- 
vided further,  That  where  the  pension  of  said  widow  on 
her  second  or  subsequent  marriage  has  accrued  to  a  help-  J£  5tie1uniesslld 
less  or  idiotic  child,  or  a  child  or  children  under  the  age 
of  sixteen  years,  she  shall  not  be  entitled  to  restoration 
under  this  Act  unless  said  helpless  or  idiotic  child,  or  child 
or  children  under  sixteen  years  of  age,  be  then  a  member 
or  members  of  her  family  and  cared  for  by  her,  and  upon 
the  restoration  of  said  widow  the  payment  of  pension  to 
said  child  or  children  shall  cease.2 

No  claim  agent  or  other  person  shall  be  entitled  to  re-  N 
ceive  any  compensation  for  services  in  making  applica-fee- 
tion  for  pension  under  this  Act. 

1  Right  of  election  under  sec.  4715,  however,  exists.     13  P.  D.,  878. 
a  See  act  Feb.  28,  1903,  following,  for  amendment. 


72  AEMY  AND   NAVY   PENSIONS. 

,  Act  Feb28,        That   section   forty-seven  hundred   and   eight  of  the 

iyu.i,  64  Dial.  Li.,  * 

92wSo8^''Sepen-^aws  °^  tne  United  States  governing  the  granting  of 
sion;  remarriage.  armv  and  navy  pensions,  be,  and  the  same  is,  amended 

to  read  as  follows  : 

amended.  47°'      "  SEC.  4708.  The  remarriage  of  any  widow,  dependent 
mg  Swhood-  mother,  or  dependent  sister  entitled  to  pension  shall  not 
marriage.  °n  ""  Dar  ner  right  to  such  pension  to  the  date  of  her  remar- 
riage, whether  an  application  therefor  was  filed  before 
or  after  such  marriage;  but  on  the  remarriage  of  any 
widow,  dependent  mother,  or  dependent  sister  having  a 
renewedrawidow^ pension   such   pension   shall   cease:   Provided,   however, 
hood.  sec.  4693.  That  any  widow  who  was  the  lawful  wife  of  any  officer 
or  enlisted  man  or  other  person  in  the  Army,  Navy,  or 
Marine  Corps  of  the  United  States,  as  described  in  para- 
graphs one,  two,  and  three  of  section  forty-six  hundred 
and  ninety-three  of  the  Revised  Statutes  of  the  United 
States,  during  the  period  of  his  service  in  any  war,  and 
whose  name  was  placed  or  shall  hereafter  be  placed  on  the 
pension  roll  because  of  her  husband's  death  as  the  result 
of  wound  or  injury  received  or  disease  contracted  in  such 
military  or  naval  service,  and  whose  name  has  been  or 
shall  hereafter  be  dropped  from  said  pension  roll  by  rea- 
son of  her  marriage  to  another  person  who  has  since 
died  or  shall  hereafter  die,  or  from  whom  she  has  been 
heretofore  or  shall  b6  hereafter  divorced,  upon  her  own 
application  and  without  fault  on  her  part,  and  if  she  is 
without  means  of  support  other  than  her  daily  labor,  as 
Acts  June  27,  defined  by  the  Acts  of  June  twenty-seventh,  eighteen  hun- 
182; 'May  9,  i9o6)  dred  and  ninety,  and  May  ninth,  nineteen  hundred,  shall 
July  14,  1862,  12  be  entitled  to  have  her  name  again  placed  on  the  pension 

Stat.  L.,  567;  Mar.  *  " 

3,  1873,  i^tat.  roll  at  the  rate  now  provided  for  widows  by  the  Acts  of 
1886, 24  stat.  L., 5!  July  fourteenth,  eighteen  hundred  and  sixty-two,  March 
Rate.  third,  eighteen  hundred  and  seventy-three,  and  March 

nineteenth,  eighteen  hundred  and  eighty-six,  such  pen- 
commence-  sion  to  commence  from  the  date  of  the  filing  of  her  appli- 

ment  of  pension.  .  x  A 

cation  in  the  Pension  Bureau  after  the  approval  of  this 
if ^rawing^peS ^-c^ :  And  provided  further,  That  where  such  widow  is 
already  in  receipt  of  a  pension  from  the  United  States 
she  shall  not  be  entitled  to  restoration  under  this  Act: 
HtiedTo  ™ston£  ^^  provided  further,  That  where  the  pension  of  said 
t!tien;  minors'  widow  on  her  second  or  subsequent  marriage  has  accrued 
to  a  helpless  or  idiotic  child,  or  a  child  or  children  under 
the  age  of  sixteen  years,  she  shall  not  be  entitled  to  restor- 
ation under  this  Act  unless  said  helpless  or  idiotic  child, 


PENSION    TO  WIDOWS  AND  DEPENDENT  RELATIVES.  73 

or  child  or  children  under  sixteen  years  of  age,  be  then 
a  member  or  members  of  her  family  and  cared  for  by  her, 
jand  upon  the  restoration  of  said  widow  the  payment  of 
^pension  to  said  child  or  children  shall  cease." 

That  the  provisions  of  this  act  shall  be  extended  to    widows  barred 
"those  widows  otherwise  entitled  whose  husbands  died  of  ?£,,**  J£'r-T8» 

loOOj  lo    o  tat.    J-rf.  y 

jwounds,  injuries,  or  disease  contracted  during  the  period  4"'entitled- 
if  their  military  or  naval  service,  but  who  were  deprived 
f  pension  under  th$  Act  of  March  third,  eighteen  hun- 
dred and  sixty-five,  because  of  their  failure  to  draw  any 
tension  by  reason  of  their  remarriage. 
That  no  claim  agent  or  other  person  shall  be  entitled  to    sec.s.id. 

.          .  No    attorneys' 

•eceive  any  compensation  for  services  in  making  applica-  fee  allowed, 
ion  for  pension  under  this  Act. 

That  in  considering  claims  filed  under  the  pension  is%f  29^tat.  L3| 
aws,  the  death  of  an  enlisted  man  or  officer  shall  be  con-  57i)e5ath  pre- 
idered  as  sufficiently  proved  if  satisfactory  evidence  is  senced  from  ab~ 
>roduced  establishing  the  fact  of  the  continued  and  un- 
explained absence  of  such  enlisted  man  or  officer  from  his 
lome  and  family  for  a  period  of  seven  years,  during 
which  period  no  intelligence  of  his  existence  shall  have 
>een  received.1    And  any  pension  granted  under  this  Act  w^^flon  ceases' 
hall  cease  upon  proof  that  such  officer  or  enlisted  man  is 
till  living. 
No  pension  shall  be  granted  to  a  widow  for  the  same 


imp  that  ViPr  VmQhanrl  rpppivprl  nnp  a  widow  shall  not  receive  a  pension. 

rie-  Act  Apr.  30, 1844,  5  Stat.  L.,  657.   See  reso- 

lution Jan.  23, 1845,  5  Stat.  L.,  796. 

1  Accrued  pension  ;  invalid  claims.     12  P.  D.,  208. 


Chapter  V. 
NAVY  AND  PRIVATEER  PENSION  FUND. 


SEC.  4758,  R.  S.  Secretary  of  the  Navy  to 

be  trustee  of  the  privateer  pension  fund. 
SEC.    4759,    R.    S.  Privateer    pension   fund, 

how  derived. 
SEC.  4760,  R.  S.  Privateer  pension  fund  to 

be  paid  into  the  Treasury. 
SEC.    4761.  R.    S.  Wounded    privateersmen 

to  be  placed  on  the  pension  list. 
SEC.    4762,    R.    S.  Commanding   officers    of 

privateers    to    enter    names,    etc.,    in    a 

journal. 
SEC.   4763,   R.   S.  Transcript  of  journal  to 

be  transmitted   to   the   Secretary   of  the 

Navy. 


be  sued  for> 


SEC.  4750,  R.  S.  Secretary  of  the  Navy  to 
j    be  trustee  of  the  Navy  pension  fund. 
SEC.  4751,  R.  S.  Creation  of  the  Navy  pen- 
I     si<»n  fund. 

[SEC.  4752,  R.  S.  Creation  of  the  Navy  pen- 
jj     sion  fund. 

SKC.   4753,   R.   S.  Investment  of  the  Navy 
,     pension   fund. 
tSEC.  4754,  R.  S.  Rate  of  interest  on  Navy 

pension   fund. 
SEC-.    4755,    R.    S.  Navy    pensions    payable 

from  fund. 
SEC.    4756,    R.    S.  Half   rating   to   disabled 

enlisted  persons  serving  20  years  in  Navy 

or  Marine  Corps. 
SEC.  4757,   R.  S.  Disabled  enlisted  persons 

entitled    to    receive   aid   after    10    years' 

service. 


The  Secretary  of  the  Navy  shall  be  trustee  of  the  Navy 
pension-fund.   '  "^^iX^B 

All  penalties  and  forfeitures  incurred  under  the  pro- 
visions  of  sections  twenty-four  hundred  and  sixty-one, 
twenty-four  %  hundred  and  sixty-two,  twenty-four  him-  i8fie 
dred  and  sixty-three,  title  "  THE  PUBLIC  LANDS,"  shall  472- 
be  sued  for,  recovered,  distributed,  and  accounted  for 
under  the  directions  of  the  Secretary  of  the  Navy,  and 
shall  be  paid  over,  one-half  to  the  informers,  if  any,  or 
captors,  where  seized,  and  the  other  half  to  the  Secretary 
of  the  Navy  for  the  use  of  the  Navy  pension-f  und  ;  and 
the  Secretary  is  authorized  to  mitigate,  in  whole  or  in 
part,  on  such  terms  and  conditions  as  he  deems  proper, 
by  an  order  in  writing,  any  fine,  penalty,  or  forfeiture  so 
incurred.1 

All  money  accruing  or  which  has  already  accrued  to 
the  United  States  from  sale  of  prizes  shall  be  and  remain  accruing  to  the 

United  States  to 

forever  a  fund  for  the  payment  of  pensions  to  the  officers,  remain   a  fund 

.for  pensions. 

seamen,  and  marines  who  may  be  entitled  to  receive  the    sec.  n. 
same;  and  if  such  fund  be  insufficient  for  the  purpose,  eo?.  ' 
the  public  faith  is  pledged  to  make  up  the  deficiency; 
but  if  it  should  be  more  than  sufficient,  the  surplus  shall 


1  See  act  June  3,  1878,  20  Stat.  L.,  90,  c.  51,  sec.  5. 


75 


76  ARMY  AND    NAVY   PENSIONS. 

be  applied  to  the  making  of  further  provision  for  the 
comfort  of  the  disabled  officers,  seamen,  and  marines. 
N^vy^ension     ^he  Secretary  of  the  N»vy,  as  trustee  of  the  naval  pen- 
tnvested°w  to  **  s^on  ^un^  ^s  directed  to  cause  to  be  invested  in  the  reg- 
jj|e£0i£ito3istered  securities  of  the  United  States,  on  the  first  day  of 
stat.L.,4H.       January  and  the  first  day  of  July  of  each  year,  so  much 
of  such  fund  then  in  the  Treasury  of  the  United  States 
as  may  not'be  required  for  the  payment  of  naval  pen- 
sions for  the  then  current  fiscal  year;   and   upon   the 
requisition  of  the  Secretary,  so  much  of  the  fund  as  may 
not  be  required  for  such  payment  of  pensions  accruing 
during  the  current  fiscal  year  shall  be  held  in  the  Treas- 1 
ury  on  the  days  above  named  in  each  year,  subject  to  his 
order,  for  the  purpose  of  such  immediate  investment ;  I 
and  the  interest  payable  in  coin  upon  the  securities  in  I 
which  the  fund  may  be  invested,  shall  be  so  paid,  when  I 
due,  to  the  order  of  the  Secretary  of  the  Navy,  and  he 
is  authorized  and  directed  to  exchange  the  amount  of 
such   interest  when   paid  in   coin,  for  so  much   of  the  | 
legal  currency  of  the  United  States  as  may  be  obtained 
therefor  at  the  current  rates  of  premium  on  gold,  and  to 
deposit  the  interest  so  converted  in  the  Treasury  to  the 
credit   of  the  naval  pension-fund;   but   nothing  herein 
contained  shall  be  construed  to  interefere  with  the  pay- 
ment of  naval  pensions  under  the  supervision  of  the 
Secretary  of  the  Interior  as  regulated  by  law. 
iiSe4onn?erest     ^he  interest  on  the  naval  pension-fund  shall  hereafter  be 
?undaval  pension  at  the  rate  of  three  per  centum  per  annum  in  lawful  money. 

Sec.  2,  July  23,  1868, 15  Stat.  L.,  170. 

Nav4755ensions     ^ne  ^avy  pensions  shall  be  paid  from  the  Navy  pen- 
fund  able  fromsi°n-fimd,  but  no  payments  shall  be  made  therefrom  ex- 
i87oc\6Jstat  L1?cePt  uP°n  appropriations  authorized  by  Congress. 
22iec.4756,R.s.       There  shall  be  paid  out  of  the  naval  pension  fund  to 
diSbifedraeSlted  every  person  who,  from  age  or  infirmity,  is  disabled  from 
20  yeare iiTiS?! sea  service,  but  who  has  served  as  an  enlisted  person,  or 
°rActarinMa?orp2;  as  an  appointed  petty  officer,  or  both,  in  the  Navy  or 
5i6%n4dSamen"d- Marine  Corps  for  the  period  of  twenty  years,  and  not 
SSlW  staf.'  S;  been  discharged  for  misconduct,  in  lieu  of  being  provided 
with  a  home  in  the  Naval  Asylum,  Philadelphia,  if  he 
so  elects,  a  sum  equal  to  one-half  the  pay  of  his  rating  at 
the  time  he  was  discharged,  to  be  paid  to  him  quarterly, 
under  the  direction  of  the  Commissioner  of  Pensions; 
Application  to  and  applications  for  such  pension  shall  be  made  to  the 

be  filed  with  Sec-  ,     .  ,.    „     ,    ,, 

retary  of  Navy.    Secretary  of  the  Navy,  who,  upon  being  satisfied  that 


NAVY  AND  PRIVATEER  PENSION   FUND.  77 

the  applicant  comes  within  the  provisions  of  this  section, 
shall  certify  the  same  to  the  Commissioner  of  Pensions, 
and  such  certificate  shall  be  his  warrant  for  making  pay- 
ment as  herein  authorized.1 

Every  disabled  person  who  has  served  in  the  Navy  or    sec.  4757,  R.  s. 

"  Serving  not 

Marine  Corps  as  an  enlisted  man,  or  as  an  appointed ]  e  s  s  th»n  10 

years,  may  re- 
petty   officer,   or  both,   for  a   period   not   less  than  ten c^  what  aid.^ 

years,  and  not  been  discharged  for  misconduct,  may  apply  ^  £  ^  14 
to  the  Secretary  of  the  Navy  for  aid  from  the  surplus 
> income  of  the  naval  pension-fund;  and  the  Secretary 
the  Navy  is  authorized  to  convene  a  board  of  not  less  than 353- 
'three  naval  officers,  one  of  whom  shall  be  a  surgeon,  to 
examine  into  the  condition  of  the  applicant,  and  to  rec- 
ommend a  suitable  amount  for  his  relief,  and  for  a  speci- 
fied time,  and  upon  the  approval  of  such  recommendation 
by  the  Secretary  of  the  Navy,  and  a  certificate  thereof  to 
the  Commissioner  of  Pensions,  the  amount  shall  be  paid 
in  the  same  manner  as  is  provided  in  the  preceding  sec- 
tion for  the  payment  to  persons  disabled  by  long  service 
in  the  Navy;  but  no  allowance  so  made  shall  exceed  the 
rate  of  a  pension  for  full  disability  corresponding  to  the 
grade  of  the  applicant,  nor,  if  in  addition  to  a  pension, 
exceed  one-fourth  the  rate  of  such  pension.2 
The  Secretary  of  the  Navy  shall  be  trustee  of  the  pri-  fe^reta?yR' Sof 

Vfltppr  npnsion-fnnrl  Navy  trustee  of  privateer  pension  fund. 

Sees.  3  and  5,  July  10, 1832,  4  Stat.  L.,  572. 

Two  per  centum  on  the  net  amount,  after  deducting  11'  S 

all  charges  and  expenditures,  of  the  prize  money  arising 
from  captured  vessels  and  cargoes,  and  on  the  net  amount  18§ 
of  the  salvage  of  vessels  and  cargoes  recaptured  by  the763- 
private  armed  vessels  of  the  United  States,  shall  be  se- 
cured and  paid  over  to  the  collector  or  other  chief  officer 
of  the  customs  at  the  port  or  place  in  the  United  States 
at  which  such  captured  or  recaptured  vessels  may  arrive; 
or  to  the  consul  or  other  public  agent  of  the  United  States 
residing  at  the  port  or  place,  not  within  the  United 
States,  at  which  such  captured  or  recaptured  vessel  may 
arrive.  And  the  moneys  arising  therefrom  are  pledged 
by  the  Government  of  the  United  States  as  a  fund  for 

1  See  note  under  sec.  4757,  R.  S. 

-  Sees.  4756  and  4757,  R.  S.,  as  amended  by  act  Dec.  23,  1886,  24  Stat., 
L.,  853,  c.  9. (as  construed  by  Secretary  of  the  Interior,  12  P.  D.,  166), 
grant  money  benefits  over  the  allowance  of  which  the  Commissioner  of  Pen- 
sions has  no  jurisdiction,  and  are  intended  to  be  a  further  provision  for  the 
support  of  the  beneficiaries  thereunder  in  addition  to  the  pension  granted 
t»y  the  pension  laws.  Sec.  4715,  R.  S.,  and  proviso  of  second  section  of  act 
June  27,  1800,  have  no  application  to  this  class  of  cases. 


78  ARMY  AND   NAVY  PENSIONS. 

the  support  and  maintenance  of  the  widows  and  orphan; 
of  such  persons  as  may  be  slain,  and  for  the  support  am 
maintenance  of  such  persons  as  may  be  wounded  and  dis 
abled  on  board  of  the  private  armed  vessels  of  the  Unite< 
States  in  any  engagement  with  the  enemy,  to  be  assignee 
and  distributed  in  such  manner  as  is  or  may  be  providec 
by  law. 
sec.  4760,  R.S.  The  two  per  centum  reserved  in  the  hands  of  the  col 

To  be  paid  into 

Treasury  .etc.  lectors  and  consuls  by  the  preceding  section,  shall  be  pak 
i8i3,  2 'stat.*  L.|  to  the  Treasury,  under  the  like  regulations  provided  foi 

other  public  money,  and  shall  constitute  a  fund  for  th< 

purposes  provided  for  by  that  section. 

wou4ndedRete  ^ne  Secretary  of  the  Interior  is  required  to  place  or 
Eiv?a^o?on  n  rh  *ne  Pension-list,  under  the  like  regulations  and  restrictions 
sioanliso*  v  K  I*  as  are  used  in  relation  to  the  Navy  of  the  United  States 

oGC.  &9  J?6D.  io9 

7993>Au  St2\m' any  °fficer5  seaman,  or  marine,  who,  on  board  of  anj 
3 stat. £.,86.  'private  armed  vessel  bearing  a  commission  of  letter  o: 
marque,  shall  have  been  wounded  or  otherwise  disablec 
in  any  engagement  with  the  enemy,  or  in  the  line  oj 
their  duty  as  officers,  seamen,  or  marines  of  such  pri 
vate  armed  vessel;  allowing  to  the  captain  a  sum  no! 
exceeding  twenty  dollars  per  month;  to  lieutenants  anc 
sailing-master  a  sum  not  exceeding  twelve  dollars  eact 
per  month ;  to  marine  officer,  boatswain,  gunner,  carpen 
ter,  master's  mate,  and  prize  masters  a  sum  not  exceeding 
ten  dollars  each  per  month ;  to  all  other  officers  a  sum  noi 
exceeding  eight  dollars  each  per  month,  for  the  higher 
rate  of  disability,  and  so  in  proportion;  and  to  a  sea 
man,  or  acting  as  a  marine,  the  sum  of  six  dollars  pe 
month,  for  the  highest  rate  of  disability,  and  so  in  pro 
portion;  which  several  pensions  shall  be  paid  fron 
moneys  appropriated  for  the  payment  of  pensions. 

ceom7m2andin  ^ne  commanding  officer  of  every  vessel  having  a  com 
officers  of  pnva-  mission,  or  letters  of  marque  and  reprisal,  shall  enter  ii 

teers  to  enter 

joSS  ***''  ^  a  n*s  iournal  tne  name  an^  rank  of  any  officer,  and  th 
i8?3%3'statb' i?' name  °^  any  seaman,  who,  during  his  cruise,  is  woundec 
m-'  or  disabled,  describing  the  manner  and  extent,  as  far  a 

practicable,  of  such  wound  or  disability. 
*'B'ot  Every  collector  shall  transmit  quarterly  to  the  Secre 
3  ^tary  of  the  Navy  a  transcript  of  such  journals  as  ir 
secretary  of  the  nave  been  reported  to  him,  so  far  as  it  gives  a  list  of  th 
i8?f,%%Stb'  L3;  officers  and  crew,  and  the  description  of  wounds  and 

disabilities,  the  better  to  enable  the  Secretary  to  decid 

on  claims  for  pensions. 


Chapter  VI. 
APPLICATIONS  AND  ATTORNEYS. 


ijSEC.  4748,  R.  S.  Commissioner  of  Pensions 
to  furnish  printed  instructions  and 
forms  without  charge. 

jSec.  4714,  R.  S.  Declarations,  how  exe- 
cuted. 

ACT  JULY  1,  1890.  Oaths  to  declarations, 
vouchers,  etc.,  may  be  taken  before  officer 
authorized  to  administer  for  general  pur- 


JOINT    RESOLUTION    SEPT.    1,    1890.  Oaths, 
etc. ;  certificates  of  official  character,  etc. 
I  ACT  JULY  26,   1892.  Declarations,  etc.,  be- 
fore whom  executed. 

SEC.  1778,  R.  S.  Oaths,  etc.,  before  United 

States  commissioners. 

'ACT  JUNE  28,  1906.  United  States  com- 
missioners to  have  seal. 

SEC.  2064,  R.  S.  Indian  agents  authorized 
to  take  acknowledgments  in  certain 
cases. 

SEC.  4721,  R.  S.  Indian  claims  for  pen- 
sion, before  whom  executed. 

ACT  APR.  5,  1906,  SEC.  5.  Consular  officers 
required  to  administer  oaths,  etc. 

ACT  APR.  5,  1906,  SEC.  10.  Consular  officer 
must,  affix  stamp  to  document  executed 
before  him,  otherwise  paper  is  invalid. 

SEC.  190,  R.  S.  Persons  formerly  in  de- 
partments not  to  prosecute  claims  against 
the  United  States  until  after  two  years 
from  separation  from  service. 

ACT  JUNE  29,  1906.  Notaries  public  in  the 
District  of  Columbia  not  disqualified  from 
prosecuting  claims  against  the  United 
States. 

SEC.  3478,  R.  S.  Oath  to  be  taken  by  agent 
or  attorney. 

SEC.  3479,  R.  S.  Who  may  administer  oath 
to  attorney. 

ACT  MAR.  4,  1911.  Secretary  of  the  In- 
terior to  pay  expenses  of  securing  and 
preparing  testimony  relative  to  disbar- 
ment proceedings. 


SEC.  4768,  R.  S.  Commissioner  of  Pensions 
to  transmit  pension  certificate  and  one 
of  the  articles  of  agreement  to  pension 
agent,  etc. 

SEC.  4769,  R.  S.  Pension  agent's  duty  on 
receipt  of  agreement. 

ACT  JULY  4,  1884.  Attorney  fee  in  pension 
claims. 

ACT  MAR.  3,  1891.  Attorney  fee  in  increase 
and  special  act  claims. 

ACT  MAY  28,  1908.  No  fee  allowed  for 
services  in  connection  with  securing  pen- 
sion by  special  act  of  Congress. 

ACT  JUNE  27,  1890,  SEC.  4.  Attorney  fee 
limited  to  $10  in  claims  under  said  act. 

ACT  APR.  19,  1908,  SEC.  3.  Attorney  fee 
limited  to  $10  in  claims  under  section  2 
of  said  act. 

ACT  AUG.  5,  1892,  SEC.  2.  No  fee  to  be  paid 
to  attorney  in  cases  under  this  act. 

ACT  JULY  4,  1884,  PART.  No  fee  allowed 
for  securing  arrears  of  pension. 

ACT  MAR.  19,  1886,  SEC.  2.  No  fee  allowed 
in  claims  under  this  act. 

ACT  MAR.  3,  1901,  SEC.  2.  Attorney  fee 
prohibited  in  claims  of  remarried  widows. 

ACT  FEB.  28,  1903,  SEC.  3.  Attorney  fee 
prohibited  in  claims  under  this  act. 

ACT  FEB.  6,  1907,  SEC.  3.  Attorneys  not 
entitled  to  compensation  for  services 
rendered  in  claims  under  this  act. 

ACT  JUNE  27,  1902.  Fee  contracts  made 
prior  to  passage  of  this  act  by  prospec- 
tive beneficiaries  thereunder  are  null  and 
void. 

ACT  MAY  30,  1908.  Contracts  with  attor- 
neys, etc.,  made  prior  to  passage  of  this 
act  are  null  and  void. 

TABLE  OF  ATTORNEY  FEES. 

ATTORNEYS,  RULES  OF  PRACTICE  BEFORE  THE 
BUREAU  OF  PENSIONS. 

RULES  OF  PRACTICE  IN  APPEAL  CASES  BEFORE 
THE  SECRETARY  OF  THE  INTERIOR. 


That  the  Commissioner  of  Pensions,  on  application  com7mLssioner 
being  made  to  him  in  person,  or  by  letter,  by  any  claim- 
ant  or  applicant  for  pension,  bounty-land,  or  other  allow- 
ance  required  by  law  to  be  adjusted  or  paid  by  the  Pen- 
sion-Office,  shall  furnish  such  person,  free  of  all  expense, 
all  such  printed  instructions  and  forms  as  may  be  neces- 


12 


79 


80  ARMY   AND    NAVY   PENSIONS. 


id  on  th 


sary  in  establishing  and  obtaining  said  claim ;  am 
issuing  of  a  certificate  of  pension  or  of  a  bounty-lan< 
warrant  he  shall  forthwith  notify  the  claimant  or  appli 
cant,  and  also  the  agent  or  attorney  in  the  case,  if  ther 
be  one,  that  such  certificate  has  been  issued,  or  allowanc 
made,  and  the  date  and  amount  thereof. 
sec.  4714,  R.  s.  Declarations  of  pension  claimants  shall  be  made  bef or 

Declaration    of  ii/>  «»  i  i»   i         • 

claimants.          a  court  of  record,  or  betore  some  oincer  thereot  haviuj 
custody  of  its  seal,  said  officer  hereby  being  fully  author 
ized  and  empowered  to  administer  and  certify  any  oat' 
or  affirmation   relating  to  any   pension  or   applicatioi 
therefor:  Provided,  That  the  Commissioner  of  Pension: 
may  designate,  in  localities  more  than  twenty-five  mile; 
distant  from  any  place  at  which  such  court  is  holden 
persons  duly  qualified  to  administer  oaths,  before  whon 
declarations  may  be  made  and  testimony  taken,  and  maj 
accept  declarations  of  claimants  residing  in  foreign  coun 
tries,  made  before  a  United  States  minister  or  consul,  01 
before  some  officer  of  the  country  duly  authorized  to  ad 
minister  oaths  for  general  purposes,  and  whose  officia 
character  and  signature  shall  be  duly  authenticated  bj| 
the  certificate  of  a  United  States  minister  or  consul 
declarations  in  claims  of  Indians  made  before  a  Unitec 
States  agent;  and  declarations  in  claims  under  the  pro 
visions  of  this  Title  relating  to  pensions  for  services  in 
the  war  of  eighteen  hundred  and  twelve,  made  before 
an  officer  duly  authorized  to  administer  oaths  for  general 
purposes,  when  the  applicants,  by  reason  of  infirmity  or 
age,  are  unable  to  travel:  Provided,  That  any  declara- 
tion made  before  an  officer  duly  authorized  to  administer 
oaths  for  general  purposes  shall  be  accepted  to  exempt  a 
claim  from  the  limitation  as  to  date  of  filing  prescribed 
in  section  forty-seven  hundred  and  nine. 

26itatJlLy  ^og9?'      That  any  and  all  affidavits  and  declarations  to  be  her 
64o'aths  in    en  a^er  made  or  used  in  any  pension  or  bounty  cases,  or  i 
siose'ce47i4aRSs   c^aims  against  the  Government  for  back  pay  or  arreai 
arMa^ehe 'taken  or  increase  °^  pension,  or  for  quarterly  vouchers,  may 
before  authorized  taken  by  any  officer  authorized  to  administer  oaths  foi 

OITlCGr. 

general  purposes  in  the  State,  City,  or  county  where  sai< 
officer  resides.     If  such  officer  has  a  seal  and  uses  it  upoi 
Fiich  paper,  no  certificate  of  a  county  clerk,  or  prothono- 
tary,  or  clerk  of  a  court  shall  be  necessary ;  but  when  no 
certification,  seal  is  used  bv  the  officer  taking  such  affidavit,  then  a 

etc..    by   county  .,  -  ,  .          ••      ,        ,     n 

cierk,  etc.          clerk  or  a  court  of  record,  or  a  county  or  city  clerk,  shall 


APPLICATIONS  AND   ATTORNEYS.  81 

ijiffix  his  official  seal  thereto,  and  shall  certify  to  the  signa- 

ture and  official  character  of  said  officer. 

That  the  act  approved  July  first,  eighteen  hundred  and  Sep0tto^Sf  °$S 

ferinety,  entitled  "  An  act  in  relation  to  oaths  in  pension  J3tat-  L>>  679'  c- 
nul  other  cases,"  be,  and  the  same  is  hereby,  amended  si(jja^ssesin  v*n" 

|and  contrued  to  mean  that  when  declarations,  affidavits, 
md  other  papers  are  verified  by  justices  of  the  peace  and  0fflcjKharacter! 
>ther  officers  duly  authorized  by  law  to  administer  oaths  etc- 
for  general  persons  (sic),  but  not  required  by  law  to  have 
ils,  the  official  character,  signature,  and  term  of  service 
>f  such  justice  or  other  officer  shall  be  certified  by  the 
lerk  of  the  county  or  court  of  record  or  other  proper 
>fficer,  under  the  seal  of  such  county  or  court  or  public 
>fficer  in  the  department  or  bureau  in  which  such  papers 
ire  to  be  used  ;  and  one  such  certificate  duly  filed  in  such    One  sufficient. 
lepartment  or  bureau,  or  with  any  pension  agent,  shall 
sufficient  as  to  all  verifications  of  such  officer  during 
as  official  term,  and  all  papers  heretobefore  or  hereafter 
iled  shall  be  subject  to  this  rule. 


That  declarations  of  pension  claimants  shall  be  made™?  £6, 


;fore  a  court  of  record,  or  before  some  officer  thereof27 
laving  custody  of  its  seal,  or  before  some  officer  who,  JJ 
under  the  laws  of  his  State,  city  or  county,  has  authority  k^S3  whom  exe~ 
to  administer  oaths  for  general  purposes ;  and  said  officers 
ire  hereby  fully  authorized  and  empowered  to  administer 
ind  certify  any  oath  or  affirmation  relating  to  any  pen- 


ion  or  application  therefor  :  Provided,  That  where  such         6    Dr° 


to  usea 

eclaration  or  other  papers  are  executed  before  an  officer  JScate  ofofficiS 
uthorized  as  above,  but  not  required  by  the  laws  of  his  character- 
State  to  have  and  use  a  seal  to  authenticate  his  official 
cts,  he  shall  file  in  the  Pension  Bureau  a  certificate  of 
is  official  character,  showing  his  official  signature  and 
term  of  office,  certified  by  a  clerk  of  a  court  of  record  or 
other  proper  officer  of  the  State  as  to  the  genuineness 
thereof;  and  when  said  certificate  has  been  filed  in  the 
Bureau  of  Pensions  his  own  certificate  will  be  recognized 
during  his  term  of  office. 

That  the  Commissioner  of  Pensions  may  accept  decla-    ^sum  'papers 
rations  and  other  papers  of  claimants  residing  in  foreign  ^c^riLs.'0*" 
countries  made  before  a  United  States  minister  or  consul  Rs|e  sec-  1750» 
or  other  consular  officer,  or  before  some  officer  of  the 
country  duly  authorized  to  administer  oaths  for  general 
purposes,  and  whose  official  character  and  signature  shall 
be  duly  authenticated  by  the  certificate  of  a  United  States 
8001°—  12  --  7 


82  ARMY   AND    NAVY   PENSIONS. 

Dec  la  rations  minister  or  consul  or  other  consular  officer;  and  declara- 

m  claims  of  In-  ' 

dians.  tions  in  claims  of  Indians  may  be  made  before  a  United 

States  Indian  agent. 

Declaration     That  an^  an(^  a^  declarations  or  affidavits  now  on  file 
ecute^SdOTfo?^11  tne  Pensi°n  Bureau  which  are  considered  informal! 
rner^  acts  made  j^  reason  of  not  having  been  executed  in  conformity  toj 
.    the  laws  heretofore  in  force  covering  such,  and  in  which  i- 
it  is  shown  or  may  be  hereafter  shown  by  proper  evidence! 
that  the  same  were  executed  by  and  before  an  officer  who  3 
was  duly  authorized  to  administer  oaths  for  general  pur- 1 
poses  at  said  date  of  execution,  shall  be  accepted  as  formal) 
as  from  date  of  filing  such  declarations  or  affidavits. 
Repeal?'  That  all  acts  and  parts  of  acts  inconsistent  with  the 

provisions  of  this  act  are  hereby  repealed, 
sec.  ms,  R.  s.      In  all  cases  in  which,  under  the  laws  of  the  United  i 

Oaths    or    ac- 

k  n  o  wiedgments  States,  oaths  or  acknowledgments  may  now  be  taken  or 

made    before 

united  states  cir- macie  before  any  justice  of  the  peace  of  any  State  or  Ter- 

cuit   court   com-  J   J  J 

missioners.         ritory,  or  in  the  District  of  Columbia,  they  may  hereafter  j 
be  also  taken  or  made  by  or  before  any  notary  public  j 
•      duly  appointed  in  any  State,  district,  or  Territory,  or  any 
of  the  commissioners  of  the  circuit  courts,1  and,  when 
certified  under  the  hand  and  official  seal  of  such  notary 
or  commissioner,  shall  have  the  same  force  and  effect  as 
if  taken  or  made  by  or  before  such  justice  of  the  peace. 
Act  June  28,     That  each  United  States  commissioner  shall  provide 

1906,  34  Stat.  L.,  ,  .,/>.,,  ™    •    ,    •  .  ,  ., 

546,  c.  3573.         himself  with  an  official  impression  seal,  to  be  prescribed 
courts.  es  by  the  Attorney  General,  which  said  seal  shall  be  affixed 

Sealofcommis-     J          ,     .  ,.~  „    ,          „.    .    ,  „       .  , 

sioners,  use  of.     to  each  jurat  or  certificate  of  the  official  acts  of  said  com- 


missioner, but  no  increase  of  fees  shall  be  allowed  by 
reason  thereof, 
sec.  2064,  R.  s.      Indian    agents    are    authorized   to   take    acknowledg- 

Acknowledg-  .        &.  .    . 

ment  of  deeds,  ments  of  deeds,  and  other  instruments  of  writing,  and  to 
M«r.  3, 1856,'  c.  administer  oaths  in  investigations  committed  to  them  in 

204,  sec.  10,  v.  10,  . 

P.  701.  Indian  country,  pursuant  to  such  rules  and  regulations 

as  may  be  prescribed  for  that  purpose,  by  the  Secretary 
of  the  Interior;  and  acknowledgments  so  taken  shall 
have  the  same  effect  as  if  taken  before  a  justice  of  the 
peace. 

sec.  4721,  R.  s.     The  term  of  limitation  prescribed  by  sections  forty- 
Indians' claims.  r 
Sec.  28,  Mar  3,  seven  hundred  and  nine  and  forty-seven  hundred  and 

574.'  J''  seventeen  shall,  in  pending  claims  of  Indians,  be  extended 

1  Office  of  commissioners  of  circuit  courts  abolished,  and  United  States 
commissioners  created  by  section  19,  act  approved  May  28,  1896,  29 
Stat.  L.,  184,  c.  252. 


APPLICATIONS   AND   ATTORNEYS.  83 

to  two  years  from  and  after  the  third  day  of  March, 
I  eighteen  hundred  and  se  venty -three ; l  all  proof  which 
has  heretofore  been  taken  before  an  Indian  agent,  or  be- 
-fore  an  officer  of  any  tribe,  competent  according  to  the 
I  rules  of  said  tribe  to  administer  oaths,  shall  be  held  and 
(regarded  by  the  Pension-Office,  in  the  examining  and  de- 
itermining  of  claims  of  Indians  now  on  file,  as  of  the  same 
'validity  as  if  taken  before  an  officer  recognized  by  the 
law  at  the  time  as  competent  to  administer  oaths;  all 
proof  wanting  in  said  claims  hereafter,  as  well  as  in  those 
filed  after  the  third  day  of  March,  eighteen  hundred  and 
seventy-three,  shall  be  taken  before  the  agent  of  the  tribe  execeuted.  whom 
:to  which  the  claimants  respectively  belong;  in  regard  to ^ff6 ** July 26» 
dates,  all  applications  of  Indians  noAV  on  file  shall  be 
i  treated  as  though  they  were  made  before  a  competent 
'•  officer  at  their  respective  dates,  and  if  found  to  be  in  all 
other  respects  conclusive,  they  shall  be  allowed;  and  In- 
dians shall  be  exempted  from  the  obligation  to  take  the 
oath  to  support  the  Constitution  of  the  United  States. 

That  every  consular  officer  of  the  United  States  is  ^ct^Apr.  5, 1906, 
hereby  required,  whenever  application  is  made  to  him  '    ' 

i  therefor,  within  the  limits  of  his  consulate,  to  administer  quired. 
•  to  or  take  from  any  person  any  oath,  affirmation,  affidavit, 
or  deposition,  and   to  perform  any  other  notarial   act 
[  which  any  notary  public  is  required  or  authorized  by  law 
to  do  within  the  United  States;  and  for  every  such  no- 
i  tarial  act  performed  he  shall  charge  in  each  instance  the 
:  appropriate  fee  prescribed  by  the  President  under  section    |Ssi745,  R.  s. 
seventeen  hundred  and  forty-five,  Revised  Statutes. 

That  every  consular  officer  shall  be  provided  and  kept    consulates    to 
i(  supplied  with  adhesive  official  stamps,  on  which  shall  be&JSnSSta^y 
!  printed  the  equivalent  money  value  of  denominations  and stamps- 
i  to  amounts  to  be  determined  by  the  Department  of  State, 
t  and  shall  account  quarterly  to  the  Department  of  State 
'.  for  the  use  of  such  stamps  and  for  such  of  them  as  shall 
\  remain  in  his  hands. 

Whenever   a   consular  officer  is  required   or   finds   Ut  documents     re- 

.  i  •    i          ,     i      Quiring  notarial. 

i  necessary  to  perform  any  consular  or  notarial  act  he  etc.,  acts. 

I  shall  prepare  and  deliver  to  the  party  or  parties  at  whose 

I  instance  such  act  is  performed  a  suitable  and  appropriate 

document  as  prescribed  in  the  consular  regulations  and 

affix  thereto  and  duly  cancel  an  adhesive  stamp  or  stamps 

1  Sections  4709  and  4717  repealed  by  acts  Jan.  25  and  Mar.   3,   1879, 

[    pp.  58  and  59,   respectively. 


84  ARMY   AND   NAVY  PENSIONS. 

of  the  denomination  or  denominations  equivalent  to  th<j 

do?un?entsmptn^ee  Presci%iked  for  such  consular  or  notarial  act,  and  n«j 

valid.  sucn  act  shall  be  legally  valid  within  the  jurisdiction  oil 

the  Government  of  the  United  States  unless  such  stain]  I 

or  stamps  is  or  are  affixed  and  canceled. 

!' ns' for-     ^  sfta^  not  ^e  lawf ul  for  any  person  appointed  af teij 
t^o  tne  first  daJ  of  June,  one  thousand  eight  hundred  am 
m°tiiemte  claims  seventy- two,  as  an  officer,  clerk,  or  employe  in  any  o:!| 
wsfi/'aSPiIj^ke  Departments,  to  act  as  counsel,  attorney,  or  agent  foi 
prosecuting  any  claim  against  the  United  States  whicll 
was  pending  in  either  of  said  Departments  while  he  wn 
such  officer,  clerk,  or  employe;  nor  in  any  manner  noi 
by  any  means  to  aid  in  the  prosecution  of  any  such  clain 
within  two  years  next  after  he  shall  have  ceased  to  bt 
such  officer,  clerk,  or  employe. 

i906Ct34Jstnal  L.\     That  section  five  hundred  and  fifty-eight1  of  the  Cod< 

62iec'  5586'  D  c.  °^  Law  ^or  tne  District  of  Columbia,  relating  to  notaries 

code.  public,  be  amended  by  adding  at  the  end  of  said  sectior 

the  following :  "  Provided,  That  the  appointment  of  an} 

Notaries  public  person  as  such  notan7  public,  or  the  acceptance  of  hi* 

in  District  of  Co-  F  J 

lumbia  not  pro- commission  as  such,  or  the  performance  of  the  duties 

hibited  from  prac-  /• 

ticing  before  ex-  thereunder,  shall  not  disqualify  or  prevent  such  persor 

ecutive     depart- 

ments.  from  representing  clients  before  any  of  the  department' 

of  the  United  States  Government  in  the  District  oJ 
Columbia  or  elsewhere,  provided  such  person  so  ap- 
pointed as  a  notary  public  who  appears  to  practice  01 
represent  clients  before  any  such  Department  is  not  other- 
wise engaged  in  Government  employ,  and  shall  be  ad 
mitted  by  the  heads  of  such  Departments  to  practice 
therein  in  accordance  with  the  rules  and  regulations  pre- 
scribed for  other  persons  or  attorneys  who  are  admittec 
Proviso.  to  practice  therein:  And  provided  further,  That  nc 
Not  to  take  ac- notary  public  shall  be  authorized  to  take  acknowledg 

knowledgments,  J     ^       .     . 

etc.,   m  cases  ments,  administer  oaths,  certify  papers,  or  perform  am 

where  interested.  .    '  .  .  . 

omcial  acts  in  connection  with  matters  in  which  he  is 
employed  as  counsel,  attorney,  or  agent  or  in  which  h< 
may  be  in  any  way  interested  before  any  of  the  Depart- 
ments aforesaid." 

oeaCtas47byRper-     ^n^  Person  prosecuting  claims,  either  as  attorney  01 

c?5msprosecuting  on  his  own  account,  before  any  of  the  Departments  01 

i862Cti2  Jstat  J,7' Bureaus  of  the  United  States,  shall  be  required  to  take 

the  oath  of  allegiance,  and  to  support  the  Constitutior 

1  SEC.  558.  Notaries. — The  President  shall  also  have  power  to  appoim 
such  number  of  notaries  public,  residents  of  said  District,  as,  in  his 
discretion,  the  business  of  the  District  may  require.  (Code  of  Law,  D.  C.)' 


APPLICATIONS   AND   ATTORNEYS.  85 

,of  the  United  States,  as  required  of  persons  in  the  civil 
service.1 
The  oath  provided  for  in  the  preceding  section  may    sec.  3479,  R.  s. 

.         Who  may  ad- 

;be  taken  before  any  justice  of  the  peace,  notary  public,  mMste^oath.  ^ 
or  other  person  who  is  legally  authorized  to  administer  i^2, 12  stat.  L.| 
[an  oath  in  the  State  or  district  where  the  same  may  be 
jad  ministered. 

Expenses  of  testimony  in  disbarment  proceedings :  For  19^* 36  gfart\  L4; 
actual  and  necessary  expenses  to  enable  the  Secretary  of 1419' c' 285' parL 
jthe  Interior  to  take  testimony,  and  prepare  the  same, 
in  connection  with  disbarment  proceedings  instituted 
[against  persons  charged  with  improper  practices  before  J^r  to  pay  e: 
the  Department  of  the  Interior,  its  bureaus  and  offices, 
one  thousand  dollars,  or  so  much  thereof  as  may  belatmgt0' 
necessary.2 

The  Commissioner  of  Pensions  shall  forward  the  cer-    |£  *7^ ^  |; 
tificate  of  pension,  granted  in  any  case,  to  the  agent  for 
ipajang  pensions  where  such  certificate  is  made  payable, 
[.and  at  the  same  time  forward  therewith  one  of  the  articles 
of  agreement  filed  in  the  case  and  approved  by  the  Com- 
missioner, setting  forth  the  fee  agreed  upon  between  the 
claimant  and  the  attorney  or  agent,  and  where  no  agree-    RePealed  as  to 
ment  is  on  file,  as  hereinbefore  provided,  he  shall  direct 
that  a  fee  of  ten  dollars  only  be  paid  the  agent  or  attorney.  24|je  sec  4  Jan. 

25,  1879,  20' Stat! 
L.,  265. 

It  shall  be  the  duty  of  the  agent  paying  such  pension    f^sgn94g^n(% 
to  deduct  from  the  amount  due  the  pensioner  the  amount  duty  on  receipt  of 

„    ,  -..         .     ,    £       ,,        ~  .      .  agreement. 

of  fee  so  agreed  upon  or  directed  by  the  Commissioner    see  sec.  4,  Jan. 

25,  1879,  20  Stat. 

to  be  paid  where  no  agreement  is  filed  and  approved,  and  L.,265. 

to  forward  or  cause  to  be  forwarded  to  the  agent  or  1870,  IG  stat.  L.| 

attorney  of  record  named  in  such  agreement,  or,  in  case    Repealed  as  to 

.          '  new  cases. 

there  is  no  agreement,  to  the  agent  prosecuting  the  case,    see  act  June  20, 

*""  .  1878j  20  feint.  J-/«j 

the  amount  of  the  proper  tee,  deducting  therefrom  the  243. 

See   appropna- 

sum  of  thirty  cents  in  payment  of  his  services  in  forward-  turn  act  June  20, 
ing  the  same.3  us. ' 

Sec.  1757,  R.  S. 

1  Form  of  oath  required  : 

I,  —  — ,   do  solemnly  swear    (or  affirm)    that   I   will  support 

and  defend  the  Constitution  of  the  United  States  against  all  enemies, 
foreign  and  domestic  ;  that  I  will  bear  true  faith  and  allegiance  to  the 
same ;  that  I  take  this  obligation  freely,  without  any  mental  reservation 
or  purpose  of  evasion  ;  and  that  I  will  well  and  faithfully  discharge  the 
duties  of  the  office  on  which  I  am  about  to  enter.  So  help  me  God. 

2  First  appropriation  for  this  purpose  made  in  act  Mar.  4,  1909,  35  Stat. 
L.,  989,  c.  299. 

3  By  act  Mar.  3,  1885,  23  Stat.  L.,  362,  c.  340,  a  pension  agent's  salary 
is  limited  to  $4,000  per  annum,  repealing  by  implication  the  allowance  of 
30  cents  from  an  attorney  fee. 


86  ARMY  AND   NAVY   PENSIONS. 

23Asttatul£.4'99fc:     Tnat  the  act  entitled  "An  act  relating  to  claim  agents 
18ktforney?'arfees  an(i  attorneys  in  pension  cases,"  approved  June  twen 
"eth,  eighteen  hundred  and  seventy-eight,  is  hereby  rej 
20  stat-  pealed:  Provided,  however,  That  the  rights  of  the  parties] 
shall  not  be  abridged  or  affected  as  to  contracts  in  pend 
ing  cases,  as  provided  for  in  said  act;  but  such  contract; 
shall  be  deemed  to  be  and  remain  in  full  force  and  virtue 
and  shall  be  recognized  as  contemplated  by  said  act. 
iecsVes  4769      That    sections    forty-seven   hundred   and   sixty-eight 
5^  SR.T^madCe  ^orty  ^even  hundred  and  sixty-nine,  and  forty-seven  him 
leases! in  cer"  dred  and  eighty-six  of  the  Revised  Statutes  are  herein 
made  applicable  also  to  all  cases  hereafter  filed  with  th» 
Commissioner  of  Pensions,  and  to  all  cases  so  filed  sinc< 
June  twentieth,  eighteen  hundred  and  seventy-eight,  anc 
which  have  not  been  heretofore  allowed,  except  as  here 
inafter  provided. 

iec!  4785,'n.  s.      That  section  forty-seven  hundred  and  eighty-five  o 
amended* ed       the  Revised  Statutes  is  hereby  reenacted  and  amended  s< 

as  to  read  as  follows: 

neye?or  prosecSE     "  SEC.  4785.  No  agent  or  attorney  or  other  person  sha 
demand  or  receive  any  other  compensation  for  his  service 
in  prosecuting  a  claim  for  pension  or  bounty  land  tha 
such  as  the  Commissioner  of  Pensions  shall  direct  to  b 
paid  to  him,  not  exceeding  twenty-five  dollars ;  nor  shal 
such  agent,  attorney  or  other  person  demand  or  receive 
such  compensation,  in  whole  or  in  part,  until  such  pen 
sion  or  bounty -land  claim  shall  be  allowed:  Provide 
That  in  all  claims  allowed  since  June  twentieth,  eightee 
hundred  and  seventy-eight  where  it  shall  appear  to  th 
satisfaction  of  the  Commissioner  of  Pensions  that  the 
P  ten  dollars,  or  any  part  thereof,  has  not  been  paid, 


deducted     from  sh all  cause  the  same  to  be  deducted  from  the  pensior 

pension. 

and  the  pension  agent  to  pay  the  same  to  the  recognize 
attorney." 

That  section  forty-seven  hundred  and  eighty-six  o 
the  Revised  Statutes  is  hereby  amended  so  as  to  read  a 
follows : 

g      SEC.  4786.  The  agent  or  attorney  of  record  in  the  prose 
be  filed.  cution  of  the  case  may  cause  to  be  filed  with  the  Com 

missioner  of  Pensions,  duplicate  articles  of  agreemen 
without  additional  cost  to  the  claimant,  setting  forth  th 
fee  agreed  upon  by  the  parties,  which  agreement  shall  b 
executed  in  the  presence  of  and  certified  by  some  office 
Fee  in  case  of  competent  to  administer  oaths.  In  all  cases  where  ap 

failure     to     file       .    r  .  .  111 

agreement.         plication  is  made  tor  pension  or  bounty  land,  ana  n 


APPLICATIONS   AND   ATTORNEYS.  87 

agreement  is  filed  with  the  commissioner  as  herein  pro- 
vided, the  fee  shall  be  ten  dollars  and  no  more.  And 
such  articles  of  agreement  as  may  hereafter  be  filed  with  Articles  of 

.      .  P    -r»         •  •  agreement,    etc., 

the  Commissioner  or  Pensions  are  not  authorized,  nor  recognized  in  cer- 

/  ,          tain  claims  only. 

will  they  be  recognized,  except  in  claims  for  original 
pensions,  claims  for  increase  of  pension  on  account  of 
a  new  disability,1  in  claims  for  restoration  where  a  pen- 
sioner's name  has  been  or  may  hereafter  be  dropped  from 
the  pension  rolls  on  testimony  taken  by  a  special  ex- 
aminer, showing  that  the  disability  or  cause  of  death  on 
account  of  which  the  pension  was  allowed  did  not  origi- 
nate in  the  line  of  duty,  and  in  cases  of  dependent  rela- 
tives whose  names  have  been  or  may  hereafter  be  dropped 
from  the  rolls  on  like  testimony,  upon  the  ground  of  non- 
dependence,  and  in  such  other  cases  of  difficulty  and 
trouble  as  the  Commissioner  of  Pensions  may  see  fit  to 
recognize  them :  Provided,  That  no  greater  fee  than  ten  Proviso, 
dollars  shall  be  demanded,  received,  or  allowed  in  any  land,  etc. 
claim  for  pension  or  bounty  land  granted  by  special  act 
of  Congress,  nor  in  any  claim  for  increase  of  pension 
on  account  of  the  disability  for  which  the  pension  had 
been  allowed  :2  And  provided  further.  That  no  fee  shall ,  No  fee  allowed 

m:  r  ii  -i    •  i-i.  for  arrears  of  pen- 

be  demanded,  received,  or  allowed  in  any  claim  for  ar-slon»etc- 

rears  of  pension  or  arrears  of  increase  of  pension  allowed 
by  any  act  of  Congress  passed  subsequent  to  the  date  of 
the  allowance  of  the  original  claims  in  which  such  ar- 
rears of  pension  or  of  increase  of  pension,  may  be  allowed. 
The  articles  of  agreement  herein  provided  for  shall  be 
in  substance  as  follows,  to  wit : 

ARTICLES  OF  AGREEMENT. 

Whereas  I,  -                   — ,  late  a  -         -  in  Company  -     -  of  Qf Fon^mfenficles 
the  -        -  regiment  of  volunteers,  war  of  eighteen  hun- 
dred and  sixty-one  (or,  if  the  service  be  different,  here  state  the 
same),  having  made  application  for  pension  under  the  laws  of 
the  United  States: 

Now,  this  agreement  witnesseth,  that  for  and  in  consideration 
of  services  done  and  to  be  done  in  the  premises,  I  hereby  agree 

to  allow  my  attorney,  -  -  of ,  the  fee  of  - 

dollars,  which  shall  include  all  amounts  to  be  paid  for  any  service 
in  furtherance  of  said  claim ;  and  said  fee  shall  not  be  demanded 
by  or  payable  to  my  said  attorney  (or  attorneys),  in  whole  or  in 
part,  except  in  case  of  the  granting  of  my  pension  by  the  Com- 

1  Phrase  "  new  disability/'  construed.     2  P.  D.,  236  ;  3  P.  D..  302. 

2  See  acts  Mar.  3,  1891,  p.  89,  and  May  28,  1908,  p.  90. 


88  ARMY    AND    NAVY   PENSIONS. 

missioner  of  Pensions;  and  then  the  same  shall  be  paid  to  him! 
(or  them)  in  accordance  with  the  provisions  of  sections  forty-l 
seven  hundred  and  sixty-eight  and  forty-seven  hundred  and  sixty -I 
nine  of  the  Revised  Statutes. 

(Claimant's  signature.) 
(Two  witnesses'  signatures.) 


STATE  OF  ,  County  of ,  ss: 

Be  it  known  that  on  this,  the day  of ,  anno  Domini  I 

eighteen  hundred  and  eighty ,  personally  appeared  the  above- 1 

named -,  who,  after  having  had  read  over  to ,1 

in  the  hearing  and  presence  of  the  two  attesting  witnesses  the! 
contents  of  the  foregoing  articles  of  agreement,  voluntarily  signedl 
and  acknowledged  the  same  to  be  -  -  free  net  and  deed. 

(Official  signature.)  — . 

And  now,  to  wit,  this  —  —  day  of  —  — ,  anno  Domini  eighteen! 

hundred  and  eighty  ,  I  (or  we)  accept  the  provisions  con- 1 

tained  in  the  foregoing  articles  of  agreement,  and  will,  to  the  best  I 
of  my  (or  our)  ability,  endeavor  faithfully  to  represent  the  inter- 1 
est  of  the  claimant  in  the  premises. 

Witness  my  (or  our)  hand,  the  day  and  year  first  above  written.  I 
(Signature  of  attorney.) 


STATE  OF  —    — ,  County  of  -      — ,  ss: 

Personally  came  —  — ,  whom  I  know  to  be  the  person 

he  represents  himself  to  be,  and  who,  having  signed  above  accept- 
ance of  agreement,  acknowledged  the  same  to  be  -  -  free  act 
and  deed. 

(Official  signature.)  — . 

ade-  And  if  in  the  adjudication  of  any  claim  for  pension 
ducted  from  fee.  jn  whjch  such  articles  of  agreement  have  been,  or  may 
hereafter  be,  filed,  it  shall  appear  that  the  claimant  had, 
prior  to  the  execution  thereof,  paid  to  the  attorney  any 
sum  for  his  services  in  such  claim,  and  the  amount  so 
paid  is  not  stipulated  therein,  then  every  such  claim  shall 
be  adjudicated  in  the  same  manner  as  though  no  articles 
of  agreement  had  been  filed,  deducting  from  the  fee  of 
ten  dollars  allowed  by  law  such  sum  as  claimant  shall 
show  that  he  has  paid  to  his  said  attorney. 

ladoSfac^feiat  ^nv  agent  or  attorney  or  other  person  instrumental  in 
i*nsation.orcom~  prosecuting  any  claim  for  pension  or  bounty  land,  who 
shall  directly  or  indirectly  contract  for,  demand  or 
receive  or  retain  any  greater  compensation  for  his  serv- 
ices or  instrumentality  in  prosecuting  a  claim  for  pension 
or  bounty  land  than  is  herein  provided,  or  for  payment 
thereof  at  any  other  time  or  in  any  other  manner  than 


APPLICATIONS   AND   ATTORNEYS.  89 

lis  herein  provided,  or  who  shall  wrongfully  withhold 
[from  a  pensioner  or  claimant  the  whole  or  any  part  of 
[the  pension  or  claim  allowed  and  due  such  pensioner  or 
•claimant,  or  the  land  warrant  issued  to  any  such  claim- 
ant, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
[conviction  thereof  shall  for  every  such  offense  be  fined 
[not  exceeding  five  hundred  dollars,  or  imprisoned  at  hard 
[labor  not  exceeding  two  years,  or  both,  in  the  discretion 
of  the  court. 

That  the  Secretary  of  the  Interior  may  prescribe  rules    f^J^,   of 
and   regulations   governing   the   recognition   of   agents,  1%^°* Tuies  Pfor 
attorneys,  or  other  persons  representing  claimants  before  government     of 
his  department,  and  may  require  of  such  persons,  agents,  Pr^ution  '   of 
and  attorneys,  before  being  recognized  as  representatives 
of  claimants,  that  they  shall  show  that  they  are  of  good 
moral  character  and  in  good  repute,  possessed  of  the 
necessary  qualifications  to  enable  them  to  render  such 
claimants  valuable  service,  and  otherwise  competent  to 
advise  and  assist  such  claimants  in  the  presentation  of 
their  claims  and  such  Secretary  may,  after  notice  and 
opportunity  for  a  hearing,  suspend  or  exclude  from  fur- 
ther practice  before  his  department  any  such  person, 
agent,  or  attorney  shown  to  be  incompetent,  disreputable, 
or  who  refuses  to  comply  with  the  said  rules  and  regu- 
lations,  or   who   shall   with  intent  to  defraud   in   any 
manner  deceive,  mislead,  or  threaten  any  claimant,  or 
prospective  claimant,  by   word,  circular,  letter,   or  by 
advertisement. 

The  Commissioner  shall  have  power,  subject  to  review    commissioner 
by  the  Secretary,  to  reject  or  refuse  to  recognize  any  con-  rej 
tract  for  fees,  herein  provided  for,  whenever  it  shall  be for  fees> etc- 
made  to  appear  that  any  undue  advantage  has  been  taken 
of  the  claimant  in  respect  to  such  contract. 

That  hereafter  no  agent  or  attorney  shall  demand,  re-  18^ct26 
ceive,  or  be  allowed  any  compensation  under  existing  law 
exceeding  two  dollars  in  any  claim  for  increase  of  pension  c?afaSecia?msSpe" 
on  account  of  the  increase  of  the  disability  for  which 
the  pension  has  been  allowed,  or  for  services  rendered  in 
securing  the  passage  of  any  special  act  of  Congress  grant- 
ing a  pension  or  an  increase  of  pension  in  any  case  that 
has  been  presented  at  the  Pension  Office  or  is  allowable 
under  the  general  pension  laws:1  And  provided  further,  megai fees; pen- 

.  ,  alty  for  taking. 

That  any  agent,  attorney,  or  other  person  instrumental 

1  See  act  May  28,  1908,  post. 


90  ARMY   AND    NAVY   PENSION  a. 

in  prosecuting  any  claim  for  increase  of  pension  on  acj 
count  of  the  increase  of  disability  for  which  pension  \va,j 
allowed^  or  who  has  rendered  services  in  procuring  thi 
passage  of  any  special  act  of  Congress  granting  a  pension 
or  an  increase  of  pension  in  any  case  that  has  been  prej 
sented  at  the  Pension  Office  or  is  allowable  under  thtj 
general  pension  laws,  who  shall  directly  or  indirectly  con  j 
tract  for,  demand,  receive,  or  retain  any  compensation! 
for  such  services,  except  as  hereinbefore  provided,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall,  for  each  and  every  such  offense,  be  fined 
not  exceeding  five  hundred  dollars,  or  imprisoned  not  ex  I 
ceeding  two  years,  or  both,  in  the  discretion  of  the  court 
Provided,  however,  That  the  foregoing  provisions  in  rela 
tion  to  fees  of  agents  or  attorneys  shall  not  apply  to  anj 
case  now  pending  where  there  is  an  existing  lawful  con 
tract  expressed  or  implied. 

1908*35  "sSi  i8'  That  hereafter  no  pension  attorney,  claim  agent,  01 
ait8'  ?«Jtat-  °^ner  Person  shall  be  entitled  to  receive  any  compensatioi 
i°ieg£  ^or  services  rendered  in  securing  the  introduction  of  i 
lation.  foil  or  the  passage  thereof  through  Congress  granting 

pension  or  increase  of  pension,  and  any  person  who  shall 
directly  or  indirectly,  contract  for,  demand,  receive,  01 
retain  any  compensation  for  such  services  shall  be  deemed 
guilty  of  an  offense,  and  upon  conviction  thereof  shall 
for  each  and  every  such  offense,  be  fined  not  exceeding 
five  hundred  dollars,  or  imprisoned  not  exceeding  tw 
years,  or  both,  in  the  discretion  of  the  court.1 
1890^26  Jstat.  L!'  That  no  agent,  attorney,  or  other  person  engaged  ii 
18Attorney'SseCfee;  preparing,  presenting,  or  prosecuting  any  claim  under  th 
payment;  illegal  provisions  of  this  act  shall,  directly  or  indirectly,  contrac 
for,  demand,  receive,  or  retain  for  such  services  in  prepar 
ing,  presenting,  or  prosecuting  such  claim  a  sum  greate 
than  ten  dollars,  which  sum  shall  be  payable  only  upon  th 
order  of  the  Commissioner  of  Pensions,  by  the  pensioi 
agent  making  payment  of  the  pension  allowed,  and  an; 
person  who  shall  violate  any  of  the  provisions  of  this  sec 
'  or  wno  sna^  wrongfully  withhold  from  a  pensione 


Pnsionern  from  °r  claimant  the  whole  or  any  part  of  a  pension  or  claim 

allowed  or  due  such  pensioner  or  claimant  under  this  act. 

shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 

viction thereof  shall,  for  each  and  every  such  offense,  be 

Penalty.         fined  not  exceeding  five  hundred  dollars,  or  be  imprisoned 

1This  language  was  first  used  in  the  pension  appropriation  act  of  Mar. 
10,  1902,  32  Stat.  L.,  62,  c.  147,  and  is  last  used  in  the  act  above  printed. 


APPLICATIONS   AND   ATTOBNEYS.  91 

at  hard  labor  not  exceeding  two  years,  or  both,  in  the 
discretion  of  the  court. 

That  no  claim  agent  or  attorney  shall  be  recognized  in  19^ct354tat  i?' 
.'the  adjudication  of  claims  under  the  first  section  of  ^^' 
Act,  and  that  no  agent,  attorney,  or  other  person  engaged 
|in  preparing,  presenting,  or  prosecuting  any  claim  under 
^the  provisions  of  the  second  section  of  this  Act  shall, 
directly  or  indirectly,  contract  for,  demand,  receive,  or 
retain  for  such  services  in  preparing,  presenting,  or  prose- 
icuting  such  claim  a  sum  greater  than  ten  dollars,  which 
sum  shall  be  payable  only  upon  the  order  of  the  Commis- 
[sioner  of  Pensions  by  the  pension  agent  making  payment 
I  of  the  pension  allowed;  and  any  person  who  shall  violate 
any  of  the  provisions  of  this  section  or  who  shall  wrong- 
fully withhold  from  the  pensioner  or  claimant  the  whole 
or  any  part  of  a  pension  or  claim  allowed  or  due  such 
pensioner  or  claimant  under  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall,  for  each  and  every  such  offense,  be  fined  not  ex-  Penalty- 
ceeding  five  hundred  dollars  or  be  imprisoned  at  hard 
labor  not  exceeding  two  years,  or  both,  in  the  discretion 
of  the  court. 

That  no  fee,  compensation,  or  allowance  shall  be  paid  184ct2?  stat. 
to,  received,  or  accepted  by  any  agent,  attorney,  or  other  34^£.s3e™' 
person  instrumental  in  the  prosecution  of  any  claim  for 
pension  under  this  act;  and  any  person  who  may  make 
any  claim  upon  any  applicant  for  any  fee,  compensation, 
or  allowance  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  exceeding  five  hundred  dol- 
lars, or  imprisoned  at  hard  labor  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court. 

*     *     *     And  provided  further,  That  no  fee  shall  be 
demanded,  received,  or  allowed  in  any  claim  for  arrears 

I  pension  or  arrears  of  increase  of  pension  allowed  by  pensionsetc 
any  act  of  Congress  passed  subsequent  to  the  date  of  the 
allowance  of  the  original  claims  in  which  such  arrears  of 
pension,  or  of  increase  of  pension,  may  be  allowed. 

That  no  claim  agent  or  attorney  shall  be  recognized  in  ^f^^St.  i9; 
the  adjudication  of  claims  under  this  act,  nor  shall  any  5'fn2c'rSeal'e  Of 
such  person  be  entitled  to  receive  any  compensation  what-  P^sia°£d 
ever  for  services  or  pretended  services  in  making  applica- 
tions  thereunder. 

No  claim  agent  or  other  person  shall  be  entitled  to  re- 
ceive  any  compensation  for  services  in  making  applica- c-^'es^f;  fees 
tion  for  pension  under  this  Act. 


92  ARMY   AND    .NAVY  PENSIONS. 

i903Ct32  Fstat.  L',  That  no  claim  agent  or  other  person  shall  be  entitles 
92i' g'e8n8tss'ecfe^ to  receiye  anJ  compensation  for  services  in  making  ap 
prohibited.  plication  for  pension  under  this  act. 

34itatFL>.',8799,°c'  That  no  pension  attorney,  claim  agent,  or  other  per 
46A'gSents3not  en- son  shall  be  entitled  to  receive  any  compensation  f  01 
satSn.to  compen"  services  rendered  in  presenting  any  claim  to  the  Bureai 

of  Pensions,  or  securing  any  pension,  under  this  Act. 
i9w?32Jstot.  L7;  *  *  *  A  nd  provided  further,  That  all  contracts  here 
40s'iu-vivors  ofrin-  tof ore  made  between  the  beneficiaries  under  this  Act  and 
s£nedwars  pen"  pension  attorneys  and  claim  agents  are  hereby  declared 

Fee  contracts  -M  ^  i  •  j 
heretofore  made  null  and  VOld. 
null  and  void.  *  #  *  *  -,  •  7  7  f  ,^  r™  -n 

^Act^May^  so,  And  provided  further,  That  all  contracts  here- 1 

553,  c.  250,  part. '' tof  ore  made  between  the  beneficiaries  under  this  Act  and  I 

Contracts  with  .  . 

attorneys,    etc.  pension  attorneys  and  claim  agents  are  hereby  declared] 
null  and  void. 

TABLE  OF  ATTORNEY  FEES. 
ALLOWED  BY  LAW. 

in  original  claims  allowed  under — 

All  general  laws  (except  act  June  27,  1890,  act  Apr. 
19,  1908,  and  such  acts  as  do  not  provide  for  pay- 
ment of  a  fee),  sec.  4,  act  July  4,  1884,  authorizes 
a  fee — 
On  properly  executed  articles  of  agreement,  any 

amount  contracted  for,  not  exceeding $25.00 

Without  articles  of  agreement 10.  00 

Act  June  27,  1890  (sec.  4  of  said  act) 10.00 

Act  Apr.  19,  1908  (sec.  2  of  said  act) 10.00 

Supplemental  claims — 

To  allow  for  child  by  former  marriage  if  filed  by 

new  attorney 10.  00 

To  allow  for  helpless  child — 

If  named  in  original  application,  but  new  attor- 
ney presents  claim 10.00 

If  not  so  named,  whether  supplemental  claim  be 

filed  by  new  or  original  attorney 10.  00 

To  allow  for  posthumous  child,  born  after  filing  claim, 
unless  expressly  exempted  by  mutual  agreement  be- 
tween claimant  and  attorney 10.  00 

Rerating  or  reissue  to  correct  rate  or  date  of  commence- 
ment, if  filed  by  new  attorney  (11  P.  D.,  202) 10.  00 

Reduction  in  rate  of  pension,  for  services  rendered  in 
preventing  (Secretary's  decision,  Dec.  27,  1900,  case  of 

Charles  Hebel,  certificate  No.  113168) 10.00 

Dropping  pensioner's  name  from  roll,  for  services  ren- 
dered in  preventing  (9  P.  D.,  236) 10.00 

Renewal,  restoration,  removal  of  suspension,  etc.,  "  cases 
of  difliculty  and  trouble"  (sec.  4,  act  July  4,  1884), 
commissioner  may  recognize  articles  of  agreement  for 
not  exceeding  (8  P.  D.,  182) 25.00 

' 


APPLICATIONS    AND  ATTORNEYS.  93 

(Restoration — - 

Dropped  for  loss  of  title  on  testimony  taken  by  a  spe- 
cial examiner  showing  that  the  disability  or  cause 
of  death  on  account  of  which  pension  was  allowed 
did  not  originate  in  line  of  duty,  and  in  cases  of  de- 
pendent relatives  whose  names  were  dropped,  on 
like  testimony,  upon  the  ground  of  nondependence 
(act  July  4,  1884)  — 

In  claims   under  all   general   laws    (except  act 
June  27,  1890,  act  Apr.  19,  1908,  and  such  acts 
as  do  not  provide  for  payment  of  a  fee)  — 
On  properly  executed  articles  of  agreement, 

any  amount  contracted  for,  not  exceeding,     $25.  00 

Without  articles  of  agreement 10.00 

Under  act  June  27,  1890 10.  00 

Under  act  Apr.  19,  1908 10.00 

Where  dropped  under  sec.  4719,  R.  S.  (4  P.  D.,  405 )__       10.  00 
Increase  claims — 

Mexican  War,  Jan.  5,  1893,  and  amendatory  acts,  in 
which  fee  was  not  paid  prior  to  Sept.  20,  1902  (12 

P.  D.,  505) 10.00 

In  cases  where  increase  is  granted  because  of  in- 
crease of  the  disability  for  which  pension  was  origi- 
nally allowed  (act  Mar.  3,  1891) 2.00 

NOT  PAYABLE  ON  ORDER  OF  COMMISSIONER  OF  PENSIONS,  BUT 
A  MATTER  OF  CONTRACT  BETWEEN  CLAIMANT  AND  ATTOR- 
NEY, SUBJECTING  THE  LATTER  TO  DISCIPLINARY  PROCEED- 
INGS IN  THE  EVENT  OF  EXTORTION  OR  UNREASONABLENESS. 

Accrued  pensions,  act  Mar.  2,  1895,  due  deceased  pen- 
sioners (rule  26,  practice)  :  Attorney  may  collect  10  per 
cent  of  accrued  pension  paid,  but  fee  must  not  exceed--  10. 00 

Divided  pensions,  act  Mar.  3,  1899  (10  P.  D.  403)  :  Attor- 
ney may  collect  reasonable  fee,  and  in  absence  of  abuse 
or  misconduct  on  his  part  justifying  disbarment,  Com- 
missioner of  Pensions  has  no  authority. 

CASES   WHEREIN   FEES   ARE  DENIED. 

By  law : 

Act  July  4,  1884,  arrears  of  pension  allowed  by  Con- 
gress subsequent  to  original  grant No  fee. 

Act  Mar.  19,  1886,  increasing  rates  of  pension  to  cer- 
tain widows No  fee. 

Act  Aug.  5,  1892,  granting  pensions  to  Army  nurses__    No  fee. 

Act  Mar.  3,  1901,  and  act  Feb.  28,  1903,  amending  sec. 
4708  R.  S.,  giving  pensionable  status  to  certain 
remarried  widows No  fee. 

Act  Feb.  6,  1907,  granting  pensions  to  certain  sur- 
vivors of  the  Mexican  and  Civil  Wars No  fee. 

Act  May  28,  1908,  for  services  in  introducing  or  secur- 
ing the  passage  of  a  private  act  of  Congress  grant- 
ing a  pension . No  fee. 


94  ARMY  AND   NAVY  PENSIONS. 

By  departmental  construction  or  regulations: 

Increase  by  operation  of  law,  Secretary's  decision, 
or  bureau  schedule  ratings  (ruling  124  and  order 

266) No  feel 

Claim  filed  by  State  agent  or  commissioner  (7  P.  D., 

293) No  feel 

Wherein  power  of  attorney  only  is  filed  (4  P.  D.,  356; 

7  P.  D.,  517) Nofeej 

Wherein  no  service  is  rendered  (7  P.  D.,  517) No  fee 

Wherein  attorney  transmits  only  order  for  medical 
examination  or  reasons  for  claimant's  failure  to 
appear  for  such  examination  (9  P.  D.,  375),  unless 

in  response  to  bureau  call No  feel 

Where  guardian,  as  attorney,  prosecutes  claim  of  his 

ward,  or  firm  of  attorneys  of  which  guardian  is  a 

member,  prosecutes  such  claim  (rule  15,  practice)-    No  feel 

Where  no  fund  accrues  by  reason  of  allowance  out 

of  which  fee  could  be  paid  (8  P.  D.,  139;  11  P.  D., 

149) No  fee  I 

Reissue  to  include  new  disability,  if  no  increase  (8 

P.  D.,  139) No  fee 

Berating  or  reissue  to  correct  rate  or  date  of  com- 
mencement, if  same  attorney  as  in  original  claim 

(7  P.  D.,  359;  13  P.  D.,  75) No  fee 

Securing    new    or   duplicate    pension    certificate    (8 

P.   D.,  261) No  fee 

Supplemental  claims — 

To  allow  for  child  by  former  marriage  if  claim 
be  filed  by  original  attorney  (7  P.  D.,  47; 

16  P.  D.,  546) No  fee  I 

To  allow  for  helpless  child  if  child  named  as  help- 
less in  original  declaration,  to  original  at- 
torney (9  P.  D.,  117) No  fee 

POSTAGE. 

By  order  of  May  26, 1891,  attorneys  may  receive,  from  and 

after  Apr.  22,  1891,  for-postage  in  any  one  claim $0.  50 

ATTORNEYS— RULES    OF    PRACTICE    BEFORE    THE    BU- 
REAU   OF   PENSIONS. 

RULE  1. 

^  person  appearing  of  record  in  the  Bureau  of  Pen- 
sions as  having  complied  with  the  regulations  prescribec 
by  the  Secretary  of  the  Interior  for  the  recognition  o1 
agents  or  attorneys  before  the  Department  of  the  Interior 
will  be  held  authorized  to  prosecute  any  claim  for  pension 
or  bounty  land,  in  which  the  law  does  not  prohibit  the 
payment  of  an  attorney's  fee,  on  filing  a  power  of  at- 
torney from  the  claimant:  Provided,  however,  That  the 


APPLICATIONS  AND   ATTORNEYS. 


95 


Commissioner  of  Pensions,  in  his  discretion,  may  recog- 
nize such  person  without  compensation  in  any  claim  for 
pension  or  bounty  land  heretofore  filed,  or  that  may  here- 
after be  filed,  in  which  the  law  prohibits  the  payment  of 
.such  fee. 

EULE  2. 

Transfers  of  attorneyship  will  be  governed  by  the  fol- 
lowing rules: 

(a)  Transfers  of  attorneyship  must  be  acknowledged 
before  some  officer  authorized  to  administer  oaths  for  gen- 
eral purposes  in  the  presence  of  two  witnesses  who  must 
sign  their  names  to  the  instrument  of  transfer. 

(b)  In  all  transfers  of  attorneyship  a  separate  slip 
must  be  filed  for  each  claim  transferred,  showing  its  num- 
ber, the  name  of  the  claimant,  the  name  of  the  soldier  or 
sailor,  the  service  on  which  the  claim  is  based,  the  name 
and  address  of  the  transferee,  and  an  acknowledgment  by 
the  transferee  of  the  transfer. 

(c)  A   transfer  not  general   in   character,  but   of   a 
limited  number  of  claims,  from  one  agent,  attorney,  or 
firm  to  another,  must  be  accompanied  also  by  a  schedule, 
alphabetically  arranged,  showing  for  each  claim  the  data 
required  on  said  slips. 

(d)  A  transfer  made  by  the  legal  representative  of  a 
deceased  or  incompetent  agent  or  attorney  must  be  ac- 
companied by  a  duly  authenticated  certificate  of  an  officer 
of  the  court  having  jurisdiction,  showing  the  authority  of 
such  representative. 

(e)  The  written  consent  of  the  claimant  is  necessary  to 
entitle  a  transferee  to  recognition  in  an  incomplete  claim, 
the  transfer  of  attorneyship  in  all  such  cases  being  sub- 
ject to  protest. 

EULE  3. 

No  agent  or  attorney  shall  have  power  to  make  a  valid 
assignment  of  any  claim  in  which  he  has  been  recognized, 
even  with  the  written  consent  of  the  claimant,  unless  he 
is  at  the  time  of  such  assignment  and  of  such  consent  in 
good  standing  before  the  Bureau  of  Pensions. 

EULE  4. 

No  power  of  attorney  purporting  to  be  executed  by  a , 
claimant  will  be  recognized  as  good  and  valid  unless  the 
same  is  signed  in  the  presence  of  two  witnesses  and  ac- 


°f  at~ 


to 


of  attor- 


96  AEMY   AND    NAVY   PENSIONS. 

knowledged  before  an  officer  duly  authorized  to  admin 
ister  oaths  for  general  purposes,  whose  official  signature  I 
is  certified  under  seal.  | 

RULE  5. 

agreement1  eSpen-     ~^°  articles  of  agreement  filed  under  the  act  of  July  4 
cu°5onlaims;  exe~  1884>  wil1  be  recognized  as  valid,  and  no  fee  will  be  paic 
thereunder,  unless  the  claimant's  signature  thereto  is  wit- 1 
nessed  by  two  attesting  witnesses  and  acknowledged  be  I 
fore  some  officer  authorized  to  administer  oaths  for  gen- 1 
eral  purposes,  whose  official  signature  is  certified  undeil 
seal. 

The  attorney's  acceptance  of  such  agreement  must  also 
be  executed  before  some  officer  duly  authorized  to  ad 
minister  oaths  for  general  purposes,  whose  official  signa- 
ture is  certified  under  seal. 

RULE  6. 

agreement-6  Spen-      Articles  of  agreement,  to  be  recognized  as  valid  by  the 

re°quSnTeitsrms' Commissioner  of  Pensions,  must  be  in  duplicate  and  ir 

the  form  prescribed  by  order  of  July  8,  1884,1  and  have 

1  The  following  is  the  form  of  articles  of  agreement  prescribed  by  th< 
Commissioner  of  Pensions  and  approved  by  the  Secretary  of  the  Interioi 
July  8,  1884,  under  the  provisions  of  the  act  of  Congress  approved  Jul; 
4,  1884: 

[To  be  executed  in  duplicate  without  additional  cost  to  claimant.] 

ARTICLES    OF    AGREEMENT. 

Whereas   I,  -  — ,   late  a  -        -  in  company  -         -  of  th< 

Regiment    of   Volunteers,    war   of   -       — ,    having    mad« 

application  for  pension  under  the  laws  of  the  United  States  : 

Now  this  agreement  witnesseth,  That  for  and  in  consideration  ol 
services  done  and  to  be  done  in  the  premises,  I  hereby  agree  to  allov 

my  attorney, ,  of  —      — ,  the  fee  of  —       —  dollars,  whicl 

shall  include  all  amounts  to  be  paid  for  any  service  in  furtherance  of  saic 
claim ;   and   said  fee   shall  not  be   demanded  by   or   payable   to   my  saic 
attorney,  in  whole  or  in  part,  except  in  case  of  the  granting  of  my  pen 
sion  by  the  Commissioner  of  Pensions  ;  and  then  the  same  shall  be  pak  I 
to  him  in  accordance  with  the  provisions  of  sections  4768  and  4769   o:  I 
the  Revised  Statutes  United  States. 

(Signature  of  claimant.)  — . 

(Post-office  address.)  — . 

(Signatures   of   two  witnesses.) 

STATE  OF  —      — ,  County  of ,  ss: 

Be  it  known  that  on  this,  the day  of  -  — ,  A.  D.  1 — ,  personally 

appeared  —  ,  the  above  named,  who,  after  having  had  reai 

over  to  —  — ,  in  the  hearing  and  presence  of  the  two  attesting  witnesses 
the  contents  of  the  foregoing  articles  of  agreement,  voluntarily  signec 
and  acknowledged  the  same  to  be free  act  and  deed. 

[L.  s.]  (Official  signature.)  — . 

And  now,  to  wit,  this  —  —  day  of  —  — ,  A.  D.  1 — ,  -  -  accept  th( 
provisions  contained  in  the  foregoing  articles  of  agreement,  and  will  j 

to  the  best  of ability,  endeavor  faithfully  to  represent  the  inter  I 

est  of  the  claimant  in  the  promises. hereby  certify  that  - 


APPLICATIONS   AND   ATTORNEYS. 


97 


printed  upon  the  reverse:  "Notice  to  Claimant,"  "This 
i  agreement  is  permissible  under  the  law,  but  not  compul- 
sory," and  a  copy  of  the  act  of  July  4,  1884. 

RULE  7. 


When  a  claim  for  bounty  land  has  been  allowed 
the  warrant  issued,  one  approved  copy  of  the  articles  of 
agreement  will  be  forwarded  to  the  agent  or  attorney  of 
record  and  the  other  preserved  in  the  files  of  the  claim. 
The  bounty-land  warrant  will  be  forwarded  direct  to  the 
|party  entitled  to  the  possession  thereof. 


•  lan(* 


RULE  8. 


An  agent  or  attorney  may  request  and  receive  from  a 
claimant  a  sum  not  exceeding  fifty  cents  for  postage  in 
:he  piosecution  of  any  one  claim,  original  or  increase,  but 
compliance  with  such  request  of  the  agent  or  attorney  is 
>ptional  with  the  claimant. 

Agents  and  attorneys  are  not  allowed  to  demand  a  sum 
for  postage  as  a  right,  or  to  refuse  to  prosecute  a  claim 
diere  the  request  for  postage  is  not  complied  with. 


Postage. 


RULE  9. 


When  in  the  adjudication  of  any  claim  for  pension  or 

)ounty  land  in  which  articles  of  agreement  have  been 

iay  hereafter  be  filed,  it  shall  appear  that  the  claimant, 

>rior  to  the  execution  thereof,  had  paid  to  the  agent  or 

ittorney   any   money   for   fee,   postage    (other   than   as 

Allowed  by  Rule  8),  or  expenses  in  connection  with  the 


dollars, 
-  dollars 


mve  received  from  the  claimant  above  named  the  sum  of  — 
ind  no  more ;  —       —  dollars  being  for  fee,  and  the  sum  of  — 
iing  for  postage  and  other  expenses.     And  that  these  agreements  have 
m  executed  in  duplicate,   without  additional   cost  to  the  claimant,  as 
required  by  law,  in  excess  of  the  fee  abo\&e  named,  the  said  attorney  mak- 
ing no  charge  therefor. 

Witness  hand  the  year  and  day  above  written. 

(Signature  of  attorney.) . 


-,  County  of 


-,  whom  I  know  to  be  the  person 


Personally  came 

^presents   -         -  to   be,   and   who,   having   signed   above   acceptance   of 
jreement,  acknowledged  the  same  to  be  free  act  and  deed. 

[L.  s.]  (Official  signature.)  . 


Approved  for  — 
the  recognized  attorney. 


8001°— 12 


dollars,  and  payable  to 


-,  of 


Commissioner  of  Pensions. 


6 s  at- 


98  ARMY  AND   NAVY   PENSIONS. 

.# 

prosecution  of  the  claim,  and  the  amount  so  paid  is  not 
stated  in  the  acceptance  of  agreement  by  the  agent  or 
attorney,  then  every  such  claim  shall  be  adjudicated  as  if 
the  articles  of  agreement  contained  no  stipulation  as  to 
a  fee,  and  from  the  fee  of  ten  dollars  allowed  by  law  such 
sums  as  are  shown  to  have  been  paid  to  the  agent  or  attor- 
ney shall  be  deducted. 

RULE  10. 


^°  Power  °^  attorney  or  articles  of  agreement  will  be 
ness ttestlng  ^^  accepted  as  valid  wherein  the  claimant's  acknowledgment 
is  taken  before  an  officer  who  is  the  agent  or  attorney 
named  therein,  or  where  the  agent  or  attorney  acts  as 
one  of  the  attesting  witnesses  to  claimant's  signature  to 
such  instrument. 

A  declaration,  affidavit,  or  any  paper,  requiring  execu- 
tion, or  acknowledgment  in  connection  with  a  claim  for 
pension,  or  bounty  land,  must  be  executed  or  acknowl- 
edged before  an  officer  duly  authorized  to  administer 
oaths  for  general  purposes,  who  is  not  interested  in  the 
prosecution  of  the  claim  to  which  said  paper  pertains,  and 
the  jurat  must  so  show.  An  agent  or  attorney  who  shall 
file  any  paper  containing  in  the  jurat  a  false  statement 
that  the  officer  before  whom  such  paper  was  executed,  or 
acknowledged,  is  not  interested  in  the  prosecution  of  the 
claim,  or  any  statement  equivalent  thereto,  when  in  truth 
and  in  fact,  such  agent  or  attorney  has  entered  into  a 
contract,  agreement,  or  understanding,  with  such  officer, 
by  virtue  of  which  said  officer  is  to  receive  compensation, 
or  a  commission,  from  such  agent  or  attorney,  in  the  event 
of  the  allowance  of  the  claim,  will  subject  himself  to 
suspension  or  disbarment  from  practice  before  the  Bureau 
of  Pensions. 

RULE  11. 

dateo}mintion;  ^^  articles  of  agreement  in  claims  for  pension  or 
bounty  land  that  conform  to  the  requirements  of  the  law 
and  regulations  will  be  accepted  if  filed  prior  to  the  date 
of  the  issue  of  the  certificate  or  of  the  bounty-land 
warrant. 

RULE  12. 

tit\etoiels.iion'  ^°  request  of  an  agent  or  attorney  for  consideration  of 
his  title  to  a  fee  will  be  entertained  unless  the  same  is 


APPLICATIONS   AND   ATTORNEYS.  99 

lied  in  the  Bureau  of  Pensions  within  three  years  from 
;he  date  of  issue  of  the  certificate  upon  which  such  fee 
s  claimed. 

RULE  13. 


If  an  agent  or  attorney  is  disbarred  pending  the  ad- 

offee. 


judication  of  a  claim,  and  if,  while  such  disbarment  is  in  offee- 


force,  the  claim  is  adjudicated  and  the  certificate  issued 
without  certification  of  a  fee  by  reason  of  such  disbar- 
nent,  and  if  thereafter  said  agent  or  attorney  is  restored 
:o  practice,  and  if  claimant  has  not,  by  reason  of  such 
disbarment,  canceled  or  revoked  the  authority  thereto- 
fore existing,  upon  such  restoration  as  aforesaid  the  law- 
ful fee  will  be  certified  and  paid  to  such  agent  or  at- 
rorney. 

RULE  14. 

When  a  claimant  during  the  disbarment  of  his  agent  same;  estoppel. 
:>r  attorney  of  record  employs  another,  who  prosecutes 
the  claim  to  final  adjudication,  no  fee  will  be  certified 
the  disbarred  agent  or  attorney  upon  his  restoration  to 
practice,  but  his  disbarment  will  operate  by  way  of  es- 
toppel to  bar  any  claim  for  fee. 

RULE  15. 

No  fee  will  be  allowed  to  a  guardian  who  prosecutes  ia^ofeetoguard" 
the  claim  of  his  ward,  nor  to  a  firm  of  attorneys  of  which 
the  guardian  is  a  member. 

RULE  16. 

When  an  agent  or  attorney  is  called  upon  by  the  Com- 

missioner  of  Pensions  to  furnish  evidence  in  any  claim,  he 

will  be  allowed  ninety  days  within  which  to  furnish  same 

br  to  give  reasons  why  he  fails  to  do  so :  Provided  always, 

That  before  such  agent  or  attorney  is  dropped  or  another 

:  recognized,  at  any  time  within  one  year,  he  shall  be  given 

thirty  days'  notice  to  show  cause  why  he  is  not  guilty  of 

laches.    In  the  event  that  such  answer  be  not  filed  within 

j  thirty  days  from  the  mailing  of  such  notice,  or  that  the 

|  answer  thereto  be  held  by  the  Commissioner  of  Pensions 

to   be    insufficient,   claimant   shall   be   notified   of   such 

,  failure  and  may  file  the  same,  either  by  himself  or  by 

i  such  other  attorney  as  he  may  elect ;  and  upon  the  recog- 


100  ARMY  AND  NAVY  PENSIONS. 

nition  of  such  other  attorney  the  former  agent  or  at- 
torney will  be  estopped  from  claiming  any  fee. 

RULE  17. 

call  slips.  To  call  up  a  case  will  not  be  held  of  itself  a  substan- 

tial  compliance   with   any    specific  requirement  of   the 
Commissioner  of  Pensions. 

RULE  18. 

ieet.flect  °f  neg  An  agent  or  attorney  will  be  required  to  exercise  due 
diligence  in  all  cases  in  which  he  is  recognized.  Neglect 
to  prosecute  a  claim  for  one  year  will  be  held,  in  default 
of  cause  shown,  conclusive  evidence  of  the  abondonment 
of  a  claim  by  the  agent  or  attorney,  and  claimant  will 
be  so  advised. 

RULE  19. 


Upon  the  rejection  of  a  claim  for  pension  or  bounty 
land  the  agent  or  attorney  of  record  will  be  notified  of 
such  rejection  and  the  reason  therefor,  and  will  be  al- 
lowed ninety  days  from  the  date  of  such  notice  within 
which  to  file  a  motion  for  reconsideration,  supported  by 
material  evidence,  or  within  which  to  enter  an  appeal 
to  the  Secretary  of  the  Interior  ;  and  on  his  failure  to  do 
either  he  will  be  held  to  have  abandoned  the  case,  and 
the  claimant  may  employ  any  other  duly  qualified  agent 
or  attorney  further  to  prosecute  the  claim. 

RULE  20. 

No  claim  pending  in  the  Bureau  of  Pensions  will  be 
considered  out  of  its  regular  order  upon  the  request  of 
an  agent  or  attorney,  or  any  other  person  whomsoever, 
except  for  good  cause  shown  and  upon  the  order  of  the 
Commissioner  of  Pensions. 

RULE  21. 

Every  agent,  attorney,  or  other  person  recognized  by 
before  the  Department  of  the  Interior  as  entitled  to  practice 
before  the  Bureau  of  Pensions,  shall  submit  to  the  Com- 
missioner of  Pensions  copies  of  all  proposed  advertising 


APPLICATIONS   AND   ATTORNEYS.  101 


matter  framed  and  intended  to  solicit  business 
Bureau  of  Pensions,  and  if  the  same  -be  'not-  disapproved  ••* 
by  the  Commissioner  of  Pensions  and  the  agent  or  at- 
torney so  notified  within  ten  days  from  the  date  of  filing 
them,  they  will  be  held,  prima  facie,  approved. 

Advertising  matter  may  contain  clear,  correct,  and 
explicit  statements  of  the  law,  the  name  and  address  of 
the  attorney,  and  the  information  that  he  prosecutes 
claims  for  pension  and  bounty  land. 

The  use  by  an  agent  or  attorney  of  the  characters 
"  U.  S.,"  or  the  words  "  United  States,"  as  a  part  of  his 
title  or  of  the  title  of  his  business  is  misleading  and  will 
not  be  permitted. 

KULE  22. 

A  claim  for  increase  of  pension  will  not  be  considered 
or  held  as  a  claim  pending  within  the  prohibition  ofclass- 
section  190,  Revised  Statutes  of  the  United  States. 

RULE  23. 

Every  agent,  attorney,  or  other  person  who  shall, 
directly  or  indirectly,  request  of  any  Member  of  either  gJSf 
House  of  Congress,  or  of  any  United  States  Government  gbit^aims'  pr°- 
official  or  representative  (other  than  one  whose  duty  it 
is  under  the  law  to  supervise  and  administer  the  laws, 
rules  and  regulations  governing  the  granting  of  pen- 
sions and  bounty  land)  aid  or  assistance  in  the  prose- 
cution of  a  pension  or  bounty-land  claim,  or  who  shall, 
directly  or  indirectly  request  or  advise  a  claimant  to 
seek  such  aid  in  the  prosecution  of  a  pension  or  bounty- 
land  claim,  will  be  held  to  have  abandoned  the  claim  as 
agent  or  attorney  and  will  thereby  forfeit  his  agency  or 
attorney  ship  in  such  claim. 

RULE  24. 

Every  agent,  attorney,  or  other  person  recognized 
the  Department  of  the  Interior  as  entitled  to  practice  niie 
before  the  Bureau  of  Pensions  who  shall  violate  the  pro- 
visions of  Rule  23,  above,  will  be  held  thereafter  incom- 
petent to  prosecute  claims  before  said  Bureau  within  the 
meaning  of  section  5  of  the  Act  of  July  4,  1884,  and  will 
thereby  subject  himself  to  suspension  or  disbarment  from 
practice  before  the  Bureau  of  Pensions. 


102  AKMY  A:ND  NAVY  PENSIONS. 

.  .  RULE  25. 


ses     Where  an  agent,  attorney,  or  other  person  incurs  an 
of  re-  exPense  ^n  the  prosecution  of  a  claim  before  the  Burea 
ceiving  payment.  of  pensions?  ne  must  file  a  sworn  itemized  account  o 
such  expense  with  the  Commissioner  of  Pensions  an< 
secure  the  approval  thereof,  before  demanding  or  receiv 
ing  reimbursement  from  the  claimant  or  pensioner. 

RULE  26. 

fe^StedClaims;      In  a  claim  under  the  act  of  March  2,  1895,  for  th 
accrued  pension  due  in  an  admitted  case  from  the  dat 
of  last  payment  to  pensioner's  death,  the  agent  or  attor 
ney  of  record  is  permitted,  upon  the  allowance  of  th 
claim,  to  receive  as  a  fee,  direct  from  the  claimant  o.l 
beneficiary,  ten  per  centum  of  the  amount  of  the  accrued 
pension  paid;  but  in  no  event  will  such  agent  or  attor 
ney  be  permitted  to  demand,  receive,  or  retain  a  fee  h] 
excess  of  ten  dollars  in  any  one  claim. 

RULE  27. 

refund"fee  'errS  Where,  through  a  mistake  of  fact  or  fraud  on  th« 
neousiy  paid.  par^  of  an  agent  Or  attorney,  a  fee  to  which  he  is  nov 
entitled  has  been  paid  to  him  he  will  be  required  to  re 
fund  the  same  on  demand  by  the  Commissioner  of  Pen 
sions  ;  and  his  failure  or  refusal  to  refund,  after  such  de 
mand,  will  render  him  liable  to  suspension  or  disbarmen 
from  practice  before  the  Bureau  of  Pensions. 

RULE  28. 

negSkffumSi     When  in  an  invalid  claim  for  increase  the  Commis 
?ordefiect  OfCalled  sioner  of  Pensions  issues  a  call  for  evidence  to  show  tha 
claimant's  disability  has  increased,  as  a  prerequisite  t< 
a  medical  examination,  and  no  evidence  is  filed  in  re 
sponse  to  such  call  within  ninety  days,  or  thereafter  be 
fore  there  is  presented  on  behalf  of  claimant  another 
declaration  for  increase,  then  the  claim  in  which  said 
call  was  issued  is  to  be  held  rejected  without  ordering  a 
medical  examination,  unless  there  was  on  file  in  the  claim 
at  the  time  of  the  issue  of  said  call,  medical  evidence 
which  had  not  been  considered,  tending  to  show  that  th 
claimant's  disability  had  increased. 


APPLICATIONS  AND  ATTORNEYS. 

* 

Any  declaration  for  increase  filed  within  ninety  days 
from  date  of  a  call,  under  a  prior  declaration,  for  evi- 
dence to  show  increase  of  disability,  will  be  held  a  dupli- 
cate of  such  prior  declaration. 

RULE  29. 

All  rules  and  orders  inconsistent  with  the  foregoing    Repeal. 
are  hereby  abrogated. 

J.  L.  DAVENPORT, 
Commissioner  of  Pensions. 
Approved. 

CARMI  A.  THOMPSON, 

Assistant  Secretary. 
DEPARTMENT  OF  THE  INTERIOR, 

July  12,  1911. 


103 


t,ULES  OF  PRACTICE  IN  PENSION  AND  BOUNTY-LAND 
APPEALS. 

RULE  I. 

Except  as  herein  otherwise  provided,  an  appeal  may  be 
taken  to  the  Secretary  of  the  Interior  from  the  final 
action  or  order  of  the  Commissioner  of  Pensions  in  all 
matters  relating  to  pensions  or  bounty  land,  and  a  sepa- 
rate appeal  must  be  filed  in  each  claim. 

RULE  II. 


*of 


Appeals  must  be  filed  with  the  Commissioner  of  Pen- 
sions.  The  Commissioner  will  thereupon,  within  thirty  fceted°Sn  within 
days  from  the  filing  of  said  appeal,  consider  and  deter-  bedadheredctito! 
mine  whether  the  action  or  order  from  which  the  appeal  is  ^Jt  tEeSJn,and 
taken  shall  be  adhered  to  ;  arid  if  he  shall  determine  not  to 
recede  therefrom,  he  shall,  within  said  period  of  thirty 
days,  forward  said  appeal,  together  with  the  record  in  the 
case  and  a  report  stating  his  reasons  for  the  action  or  order 
complained  of,  to  the  Department  ;  and  said  appeal  shall 
thereupon  be  entered  upon  a  docket  kept  for  that  pur-  Docketing- 
pose.  Upon  the  perfection  of  such  appeal,  by  transmis- 
sion and  docketing  aforesaid,  the  jurisdiction  of  the 
Commissioner  shall  cease  and  determine,  and  the  case  will 
be  decided  by  the  Secretary  on  the  record.  The  decision 
of  the  Secretary  shall  be  in  duplicate  and  the  same  shall 


104 


ARMY  AND   NAVY  PENSIONS, 


be  transmitted  with  said  record  to  the  Commissioner  oil 
toCbeysent etoisia°n -^ens^ons  ^or  action  in  accordance  therewith.     One  copy! 
or  his  at- Of  the  decision  shall  be  transmitted  by  the  Commissioner  I 
to  the  appellant  or  his  duly  accredited  attorney. 

RULE  III. 


Limitation 


No  appeal  will  be  entertained  unless  filed  within  one 
year  from  the  date  of  notice  of  final  action  or  order  of 
which  complaint  is  made. 

RULE  IV. 


wm  not  lie  for     No  appeal  will  be  entertained  from  the  refusal  of  the 

refusal  to  recog-  .      .  •    «•»        • 

nize  attorney  in  Commissioner    of   Pensions    to    recognize    attorneys    or 

case    where    law  .  . 

prohibits  fee.  agents  in  prosecuting  claims  for  pension  or  bounty  lane 
under  any  law  wherein  the  payment  of  a  fee  for  such 
service  is  prohibited. 

RULE  V. 


to 


see  Rule  xi. 


on  appeal. 


-^n  eac^1  aPPeal?  the  name  and  service  of  the  soldier,  on 
account  of  whose  service  the  claim  is  based,  must  be 
stated,  together  with  the  number  of  claim,  the  law  under 
which  the  claim  is  prosecuted,  and  the  date  and  substance 
of  the  action  from  which  the  appeal  is  taken. 

RULE  VI. 

^n  aPPea^  by  an  attorney  will  not  be  entertained  un- 
}ess  ne  nas  fiie(j  a  duly  executed  power  of  attorney  for 
this  purpose  from  the  appellant,  or  is  entitled  under  the 
rules  to  recognition. 

RULE  VII. 


pemtedmeor  dS- 


n  aPP€al  taken  on  behalf  of  a  claimant  by  or  through 
notren;tertainedy'  a  susPended  or  disbarred  attorney  will  not  be  entertained. 

RULE  VIII. 


refundmen  off 


"^°  aPPea^  pertaining  to  the  allowance  of  a  fee  when 
the  refundment  has  been  called  for  will  be  entertained 
unless  refundment  as  required  shall  have  been  made. 

RULE  IX. 


Commissioner  of  Pensions  shall  return  to  the  ap- 
any  aPPeal  not  in  conformity  with  the  provisions 

of  Rules  III  to  VIII,  inclusive,  stating  wherein  the  ap- 

peal is  defective. 


APPLICATIONS   AND  ATTOBNEYS.  105 

RULE  X. 

In  proceedings  before  the  Commissioner  in  which  he  applet?1  se£r£ 
shall  decide  that  a  party  has  no  right  to  appeal  to  the  JSJtlng*  commit 
Secretary  or  that  said  appeal  may  not  be  entertained  f0°certffy  Srd! 
under  the  provisions  of  the  foregoing  rules  such  party 
may  apply  to  the  Secretary  for  an  order  directing 
Commissioner  to  certify  said  action  together  with  the 
record  in  the  case  to  the  Department;  and  such  applica-  right  to  appeal. 
tion  shall  be  in  writing,  under  oath,  and  shall  fully  and 
specifically  set  forth  the  grounds  upon  which  the  same 
is  based. 

RULE  XI. 


Each  appeal  must  contain  specific  assignments  of  the 
alleged  mistake  or  error  of  law  or  of  fact  in  the  adjudica- 
tion  of  said  claim  by  the  Commissioner  of  Pensions  ;  and  {jJJ*  or  errors  of 
any  appeal  insufficient  in  this  respect  may  be  dismissed    SeeRuleV- 
by  the  Secretary. 

RULE  XII. 


A  motion  for  reconsideration  of  any  departmental  deci-  0f 
sion  may  be  filed  with  and  entertained  by  the  Secretary,  Si(Sr; 
in  his  discretion,  if  filed  within  six  months  from  the  date  tlons- 
when  such  decision  was  rendered.     It  must  be  shown 
in  said  motion  that  some  material  feature  of  the  case 
has  not  been  considered  in  said  decision,  or  that  there 
was  error  of  law  or  of  fact. 

RULE  XIII. 

Upon  the  adjudication  of  a  claim  for  division  of 
pension  under  the  act  of  March  3,  1899,  in  the  Bureau 
of  Pensions,  both  parties  will  be  promptly  notified  by 
the  bureau,  by  registered  letter,  of  the  action  taken.  Each 
party  will,  in  the  absence  of  waiver,  be  allowed  thirty 
days  from  receipt  of  said  notice  to  appeal  from  said 
action,  the  appeal  to  be  accompanied  by  due  proof  of 
service  of  a  copy  thereof  upon  the  appellee,  as  required 
by  Rule  XIV.  Unless  such  bureau  action  is  appealed 
from  within  thirty  days  from  receipt  of  said  notice,  the 
bureau  action  shall  be  deemed  to  be  final  to  the  extent 
that  all  payments  of  divisions  of  pension  in  accordance 
with  such  bureau  action  will  not,  in  the  absence  of  fraud 
or  mistake  of  fact,  be  disturbed:  Provided,  The  unex- 


106  ARMY  AND  NAVY  PENSIONS. 

plained  failure  of  a  pensioner  to  appear,  answer,  or  i 
any  way  plead  to  the  claimant's  application,  after  du 
notice  thereof  by  the  Bureau,  will  be  deemed  a  waive 
of  his  right  to  appeal  to  the  extent  that,  if  the  claim  bj 
allowed,  final  orders  for  division  of  pension  may  issui 
at  once. 

RULE  XIV. 

First,    second,      Appeals  from  bureau  action  in  cases  under  the  firs 

and    third    pro- 
visos of  act  Mar.  second,  and  third  provisos  of  the  act  of  March  3,  189J 

3,   1899;  proof  of  ^. 

service  o?  notice  should  be  accompanied  bv  due  proof  of  service  of  a  cop 

on  appellee  pre-  J 

requisite.  of  the  appeal  upon  the  appellee  or  his  or  her  attorne 

of  record. 

Proof  of  service  must  be  such  as  will  satisfy  the  Cora 
missioner  of  Pensions  that  the  appellee  has  been  inf  orme< 
of  the  appeal  and  the  contents  thereof,  and  may  consi 
of,  first,  a  written  acceptance  of  service  by  the  appelle 
or  his  or  her  attorney  of  record;  or,  second,  a  posta 
registry  return  receipt  card,  signed  by  appellee  or  a 
torney  of  record,  accompanied  by  an  affidavit,  showin 
that  on  a  certain  date  a  copy  of  the  appeal  was  maile 
in  a  registered  letter,  postpaid,  to  the  appellee  or  th 
attorney   of   record,    addressed   to    a    certain    post-offic 
(naming  it),  that  the  card  was  returned  in  acknowledg 
ment  of  the  receipt  of  such  letter;  or,  third,  an  affidav 
showing  that  on  a  certain  day  and  at  a  certain  plac 
a  copy  of  the  appeal  was  personally  delivered  to  th 
appellee  or  his  or  her  attorney  of  record. 

Appeals  in  this  class  of  cases  unaccompanied  by  du« 
proof  of  service^  or  a  satisfactory  reason  why  persona 
service  can  not  be  made,  will  not  be  filed,  or  considered 
but  will  be  promptly  returned  to  the  appellant,  or  his  o 
her  attorney  of  record,  for  compliance  with  this  rule. 

RULE  XV. 

^During    pend-     Appeals  from  Bureau  action  in  cases  under  the  first 
payment  of  one-second  and  third  provisos  of  the  act  of  March  3.  1899 

half    of    pension 

suspended;  limi-when  accompanied  by  due  proof  of  service  of  a  cop^ 

tation  as  to  period  . 

for  filing  answer,  thereof  upon  the  appellee,  will  be  filed,  and  the  appellan 
and  appellee  promptly  notified  thereof.  The  appeal  wil 
operate  to  suspend  further  payment  of  the  one-half  pen 
sion  in  controversy  until  a  decision  shall  have  been  ren 
dered  therein  by  the  Department,  and  the  appellee  will  tx 
allowed  thirty  days  from  the  date  of  filing  the  appeal  ir 


APPLICATIONS  AND  ATTOBNEYS.  107 

which  to  file  an  answer,  brief  or  argument,  in  opposition 
to  the  appeal  or  in  support  of  the  bureau  action  appealed 
from. 

RULE  XVI. 

Appeals  from  the  Bureau  action  in  cases  under  the  first,  ^JJgJ18  "f der 
second,  or  third  provisos  of  the  act  of  March  3,  1899,  ^  to  *>e  Joined* 

r  '  '  with  appeals  un- 

should  be  confined  to  cases  under  that  act,  and  not  joined  der  other  laws. 
with  an  appeal  from  action  in  an  invalid  claim  or  claims 
under  other  acts  of  Congress,  and  when  perfected  by  due 
proof  of  service  of  a  copy  of  the  appeal  upon  the  appellee, 
as  required  by  Rule  XIV,  should  be  addressed  to  the 
Commissioner  of  Pensions.  This  appeal  should  state  the 
post-office  address  of  the  appellant  and  appellee  and  the 
certificate  number  and  the  service  (company  and  regi- 
ment, etc.)  of  the  pensioner,  and  should  briefly,  but  spe- 
cifically, state  the  error  of  law  or  fact  complained  of  and 
the  grounds  relied  upon  for  reversing  or  modifying  the 
bureau  action  appealed  from. 

No  additional  evidence  upon  the  merits  of  the  claim    Evidence, 
should  be  filed  by  either  appellant  or  appellee,  or  con- 
sidered on  appeal. 

RULE  XVII. 

Motions  for  review  of  departmental  decisions  in  cases  pa?tSentai0dec!- 
for  division  of  pension  under  the  act  of  March  3,  1899,  d^.^  c£fsespef°r_ 
should  be  addressed  to  the  Secretary  of  the  Interior  and 
refer  to  the  docket  number  of  appeal,  stating  the  names 
of  the  parties.     The  motion  should  briefly  but  specifi-  service. 
cally  state  the  error  of  law  or  of  fact  in  the  decision 
sought  to  be  reversed  or  modified  and  clearly  indicate  the 
grounds  relied  upon  for  reversing  or  modifying  the  deci- 
sion and  may  be  accompanied  by  brief  or  argument  in 
support  thereof.    The  motion  should  be  accompanied  with 
due  proof  of  service  of  a  copy  of  the  motion  upon  the 
opposite  party,  or  his  or  her  attorney :  as  indicated  in 
Rule  XIV  of  Practice. 

The  opposite  party  will  be  allowed  thirty  days  in  which  ^'^ 
to  reply  to  said  motion,  if  desired,  by  answer,  brief,  or  etc. 
argument,  and  thereupon  the  motion  will  be  promptly 
considered  by  the  department,  and  a  copy  of  the  depart- 
mental decision  or  order,  on  the  motion  for  review,  will 
be  duly  forwarded  to  the  parties  or  their  attorneys  by  the 
Bureau  of  Pensions. 


108  ARMY   AND   NAVY  PENSIONS. 

suspension   of     ]^o  motion  for  review  of  a  departmental  decision  unde] 

payment  only  at 

department's  di-  saj(j  act  shall  operate  to  suspend  payment  of  one-half  the 

pension  in  controversy  unless  expressly  directed  by  this 

department. 

Rules  xrv  and     The  requirements  of  Kules  XIV  and  XVI  of  Practice 

XVI,  supra,  ap-  TIT  ,  •  <• 

piicabie.  as  to  appeals,  are  applicable  to  motions  tor  review  undei 

said  act. 


aDOVe  rules,  governing  the  practice  in  appealed 
claims  before  the  Department,  relating  to  pensions  and| 
bounty  lands,  shall  become  effective  on  and  after  Septem- 
Repeai.  ^er  ]^  19H?  and  all  rules  and  orders  heretofore  promu] 

gated  inconsistent  with  the  foregoing  are  hereby  abro 
gated. 

CARMI  A.  THOMPSON, 

Assistant  Secretary. 
AUGUST  15,  1911. 


Chapter  VII. 


PHYSICAL  EXAMINATIONS. 


EC.  4776,  R.  S.  Medical  referee ;  examin- 
ing surgeons. 

EC.  4777,  R'.  S.  Civil  examining  surgeons, 
appointment  of. 

EC.  4775,  R.  S.  Special  medical  examina- 
tions and  appeals  therefrom. 

LCT  JUNE  21,  1879,  SEC.  3.  Biennial  ex- 
aminations abolished. 


ACT  JULY  25,  1882,  SEC.  4.  Boards  of  ex- 
amining surgeons,  organization  of. 

ACT  JUDY  18,  1894.  Reports  of  examining 
surgeons  open  to  inspection. 

ACT  MAY  28,  1908.  Examining  surgeons, 
fees  of  and  character  of  reports  to  be 
made  by. 


The  Secretary  of  the  Interior  is  authorized  to  appoint 
duly  qualified  surgeon  as  medical  referee,  who,  under  ^ 


he  control  and  direction  of  the  Commissioner  of  Pen-<  sec.38.  Mar.  3, 

io/o,  17  otat.  LI., 

ions,  shall  have  charge  of  the  examination  and  revision577- 
>f  the  reports  of  examining  surgeons,  and  such  other 
luties  touching  medical  and  surgical  questions  in  the  18^f  23  fS.  L3,' 
r'ension-Office,  as  the  interests  of  the  service  may  de-  41galary  of  medi. 
nand;  and  his  salary  shall  be  two  thousand  five  him-  cal  referee'  $2'500- 
Ired  dollars  per  annum.    And  the  Secretary  of  the  In- 
,erior  is   further  authorized  to  appoint  such  qualified 
urgeons   (not  exceeding  four)   as  the  exigencies  of  the 
.ervice  may  require,  who  may  perform  the  duties  of  ex- 
imining  surgeons  when  so  required,  and  who  shall  be 
)orne  upon  the  rolls  as  clerks  of  the  fourth  class;  but 
uch  appointments  shall  not  increase  the  clerical  force 
>f  said  Bureau. 
The  Commissioner  of  Pensions  is  empowered  to  ap- 

at   his    discretion,   civil   surgeons   to   make   the  ^ 
periodical  examinations  of  pensioners  which  are  or  may 
)e  required  by  law,  and  to  examine  applicants  for  pen- 
ion,  wheie  he  deems  an  examination  by  a  surgeon  ap-568- 
pointed  by  him  necessary  ;  and  the  fee  for  such  examina- 
ions,  and  the  requisite  certificates  thereof  in  duplicate,  4> 
ncluding  postage  on  such  as  are  transmitted  to  pension-  L-»388- 
gents,  shall  be  two  dollars,  which  shall  be  paid  by  the 
gent  for  paying  pensions  in  the  district  within  which  the 
Densioner  or  claimant  resides,  out  of  any  money  appro- 
riated  for  the  payment  of  pensions,  under  such  regula- 
tions as  the  Commissioner  of  Pensions  may  prescribe. 

109 


110  ARMY  AND  NAVY  PENSIONS. 

Examining  surgeons  duly  appointed  by  the  Commis- 
^  Pensi°ns?  and  such  other  qualified  surgeons  as 
empl°ye(i  in  the  Pension- Office,  may  be  required 
1873, 17  stat.  L.;  by  him,  f rom  time  to  time,  as  he  deems  for  the  interest 
of  the  Government,  to  make  special  examinations  of  pen- 
sioners, or  applicants  for  pension,  and  such  examina- 
tions shall  have  precedence  over  previous  examinations, 
whether  special  or  biennial;  but  when  injustice  is  alleged 
to  have  been  done  by  an  examination  so  ordered,  the  Com- 
missioner of  Pensions  may,  at  his  discretion,  select  a 
board  of  three  duly  appointed  examining  surgeons,  who 
shall  meet  at  a  place  to  be  designated  by  him,  and  shall 
review  such  cases  as  may  be  ordered  before  them  on  ap- 
peal from  any  special  examination,  and  the  decision  of 
such  board  shall  be  final  on  the  question  so  submitted 
thereto,  provided  the  Commissioner  approve  the  same. 
The  compensation  of  each  of  such  surgeons  shall  be  three 
dollars,  and  shall  be  paid  out  of  any  appropriations  made 
for  the  payment  of  pensions,  in  the  same  manner  as  the 
ordinary  fees  of  appointed  surgeons  are  or  may  be  author- 
ized to  be  paid. 

i879Ct2iJ&tet  L1'     That  sections   forty-seven   hundred   and  seventy-one, 
^secs4^?! '  4772  forty -seven  hundred  and  seventy-two,  and   forty-seven 
47BiSieexatn^hundred  and  seventy-three  of  the  Revised  Statutes  of  the 
inTo0fncre0aseheor  United  States,  providing  for  biennial  examinations  of 
reduce  a  pension,  pensioners,    are   hereby   repealed :   Provided,   That   the 
Commissioner  of  Pensions  shall  have  the  same  power  as 
heretofore  to  order  special  examinations,  whenever,  in 
his  judgment,  the  same  may  be  necessary,  and  to  in- 
crease or  reduce  the  pension  according  to  right  and  jus- 
tice; but  in  no  case  shall  a  pension  be  withdrawn  or 
reduced  except  upon  notice  to  the  pensioner  and  a  hear- 
ing upon  sworn  testimony,  except  as  to  the  certificate  of 
the  examining  surgeon. 
10^ct__J^y  25,     That  the  Commissioner  of  Pensions  is  hereby  author- 

IftOw,     &£i     Dial.     J-/«j 

17comm?ssieoCne'r  ^zed  ^°  aPP°int  surgeons  who,  under  his  control  and 
thorizeedsi°to  a"  direction  shall  make  such  examination  of  pensioners  and 
and1  o  r  TnjTe  clamiants  for  pension  or  increased  pension  as  he  shall  re- 
beonsS    °f   sur  (luire  >  and  ne  shall  organize  boards  of  surgeons,  to  consist 
of  three  members  each,  at  such  points  in  each  State  as 
he  shall  deem  necessary,  and  all  examinations,  so  far  as 
practicable,  shall  be  made  by  the  boards,  and  no  examina- 
tion shall  be  made  by  one  surgeon  excepting  under  such 
circumstances  as  make  it  impracticable  for  a  claimant  to 


PHYSICAL  EXAMINATIONS.  Ill 


}resent  himself  before  a  board:  Provided,  That  the  Com- 

nissioner  may,  when  in  his  opinion  the  exigencies  of  the 

i  service  require  it,  organize  a  board  of  three  surgeons  who, 

inder  his  direction,  shall  review  the  work  of  any  regu- 

arly-appointed    board    or    surgeon:    Provided   further,  andrepartsations 

That  all  examinations  shall  be  thorough  and  searching, 

md  the  certificate  contain  a  full  description  of  the  physi- 

cal condition  of  the  claimant  at  the  time,  which  shall 

nclude  all  the  physical  and  rational.  signs  and  a  state- 

nent  of  all  structural  changes. 

The  fee  for  each  examination,  and  satisfactory  certifi-  nay^nfor  exam1' 
jate  thereof,  shall  be  two  dollars  to  each  member  when 
nade  by  a  board,  and  two  dollars  when  made  by  one 
mrgeon  :  Provided,  That  when  the  claimant  is  so  dis- 
ibled  as  not  to  be  able  to  present  himself  to  a  board  of  deanSant's    resi" 
jurgeons  for  examination,  the  Commissioner  may  order 
i  surgeon  to  make  the  examination  at  the  claimant's  resi- 
lence;  and  the  fee  for  such  examination  shall  be  two  dol- 
j-ars,  in  addition  to  the  payment  of  the  actual  traveling 
expenses  of  the  surgeon  :  Provided  further,  That  no  fee  agnation  if  not 
shall  be  allowed  or  paid  to  any  member  of  such  board  of  participated  in- 
examining  surgeons  who  does  not  actually  participate  in 
imch  examination  and  sign  the  certificate  thereof. 

The  Commissioner  may,  when  in  his  judgment  the  d 
bpree   of  disability  cannot  be  determined  truthfully   or  Pert- 
satisfactorily  excepting  by  expert  examination,  employ 
i  in  expert,  not  a  regularly  appointed  surgeon,  to  make  the 
jixamination;  and  the  fee  for  such  examination  shall  be    Fee- 
five  dollars:  Provided,  That  the  fee  for  an  expert  exam- 


g- 

|  nation  shall  not  be  paid  to  any  regularly-appointed  exam-  suVgeonsppointed 
ping  surgeon. 

The  fee  for  the  examination  of  claimants  who  reside  Cia?niant8;sleex- 
t  of  the  United  States  shall  not  exceed  ten  dollars,  ?™ination'  and 
which  shall  be  paid,  upon  the  presentation  of  satisfactory 
vouchers,  out  of  the  appropriation  for  the  payment  of  the 
Bxamining  surgeons,  and  through  the  United  States  con- 
sulate nearest  to  the  claimant's  place  of  residence.1 

Provided,  That  the  report  of  such  examining    Act   July    is 

1  RQ4    28  Stftt    T 

surgeons  when  filed  in  the  Pension  Office  shall  be  open  113,  c.  141,  part.  '' 
bo  the  examination  and  inspection  of  the  claimant  or  his  a  mining  sur- 
attorney,  under  such  reasonable  rules  and  regulations  *11 

the  Secretary  of  the  Interior  may  provide. 


1  Supersedes  sec.  4774,  R.  S. 


112  AEMY  AND   NAVY  PENSIONS. 

i908Ct35^tat  £8'     *     *     *     And  hereafter  each  member  of  each  examin- 
41Exam?niTlur- m£  board  shall  receive  the  sum  of  three  dollars  for  the 
S»to  increase  of  examination  of  each  applicant  whenever  five  or  a  less 
number  shall  be  examined  on  any  one  day  and  one  dol- 
lar for  the  examination  of  each  additional  applicant  on 
suc^  ^a^ :  Provided,  That  if  twenty  or  more  applicants 
appear  on  one  day  no  fewer  than  twenty  shall,  if  prac- 
ticable, be  examined  on  said  day,  and  that  if  fewer  ex- 
aminations be  then  made,  twenty  or  more  having  ap- 
peared, then  there  shall  be  paid  for  the  first  examinations 
made  on  the  next  examination  day  the  fee  of  one  dollar 
only  until  twenty  examinations  shall  have  been  made, 
and  the  fee  shall  be  three  dollars  when  the  examination 
Fee     for,    at  is  made  by  one  surgeon,  and  the  fee  for  each  examination 

claimant's     resi-  *  .  . 

dence.  at  the  claimant  s  residence  provided  his  residence  is  out- 

side of  the  corporate  limits  of  the  place  of  the  regular 
meeting  of  the  examining  board  or  of  the  place  of  resi- 
dence of  the  surgeon,  making  the  examination  shall  be 
five  dollars  in  addition  to  the  payment  of  the  actual 
Traveling    ex- traveling  expenses  of  the  surgeon:  Provided  further,] 
That  no  fee  shall  be  paid  to  any  member  of  an  examining 
^oar(^  un^ess  personally  present  and  assisting  in  the  ex- 
Ratings  to  be  animation  of  applicant:  And  provided  further,  That  the 

specifically  -          ,    J  .     .  u    11  •*      n 

stated,  etc.  report  of  such  examining  surgeons  shall  specifically  state 
the  rating  which  in  their  judgment  the  applicant  is  en- 
titled to,  and  the  report  of  such  examining  surgeons 
shall  specifically  and  accurately  set  forth  the  physical 
condition  of  the  applicant,  each  and  every  existing  dis- 
ability being  fully  and  carefully  described.  *  *  * 


Chapter  VIII. 


PENSION  AGENTS  AND  PAYMENT  OF  PENSIONS. 


JBC.  4780,  R.  S.  Pension  agencies  estab- 
lished. 

>EC.  4778,  R.  S.  Pension  agents,  appoint- 
ment of  and  term  of  office. 

iCT  MAR.  8,  1878.  Temporary  appointment 
for  vacancy  in  pension  agency. 

EC.   4779,   R.   S.  Pension  agents,  bond  of. 

ICT  MAR.  3,  1885.  Pension  agents,  sal- 
ary of. 

LCT  JUNE  30,  1890.  Clerk  to  sign  pension 
agent's  name. 

LCT  MAR.  3,  1911.  Clerk  hire  in  pension 
agencies  subject  to  approval  of  Secretary 
of  the  Interior. 

LCT  MAR.  1,  1889.  Rooms  in  public  build- 
ings to  be  set  apart  for  pension  agencies. 

EC.  4767,  R.  S.  Blanks  for  vouchers. 

EC.  4764,  R.  S.  Pension  agents  to  send 
quarterly  vouchers  to  each  pensioner. 

LCT  MAR.  3,  1891,  SEC.  2.  Grouping  of 
agencies  for  purposes  of  payment. 

LCT  MAR.  1,  1889.  Vouchers  may  be  exe- 
cuted before  United  States  officers  free 
of  charge. 

LCT  AUG.  23,  1894.  Vouchers  may  be  exe- 
cuted before  fourth-class  postmasters. 

CT  JUNE  25,  1910,  SEC.  2.  Vouchers  may 
be  executed  before  rural  free  delivery 
carriers. 

LCT  MAR.  4,  1909.  Pensioners  to  be  fur- 
nished with  penalty  envelopes  for  return 
of  vouchers  to  agencies. 

EC.  4765,  R.  S.  Check  to  be  drawn  and 
mailed  to  each  pensioner. 

LCT  FEB.  23,  1909.  Lost  checks,  duplicates 
to  be  issued,  when,  amending  section 
3646,  Revised  Statutes. 

LCT  AUG.  8,  1882.  Payment  of  pensions, 
amending  section  4766,  Revised  Statutes. 

LCT  MAR.  3,  1899.  Division  of  pension,  etc. 

LCT  MAR.  14,  1898.  Pensions  of  foreign 
residents  not  to  be  paid  on  powers  of 
attorney. 

LCT  MAR.  2,  1895.  Repealing  law  forbid- 
ding payment  of  pension  to  nonresident. 

EC.  4820,  R.  S.  Pensioned  inmates  of 
soldiers'  home ;  rights  of. 

LCT  MAR.  3,  1883,  SEC.  4.  Pensioned  in- 
mates of  soldiers'  home  may  allot  por- 
tion of  pension  ;  pension  of  inmates  not 
allotted  to  be  paid  to  treasurer  of  home. 

EC.  4813,  R.  S.  Pensions  of  inmates  of 
the  Naval  Home  at  Philadelphia,  Pa.,  or 
naval  hospitals,  to  be  paid  to  the  Sec- 
retary of  the  Navy. 

8001°— 12 9 


ACT  MAY  4,  1898.  Pensions  of  inmates  of 
the  Naval  Home  at  Philadelphia,  Pa., 
etc.,  to  be  paid  to  Secretary  of  the  Navy. 

ACT  FEB.  26,  1881,  SEC.  2.  Regulating  pay- 
ment of  pensions  to  inmates  of  the  Na- 
tional Home  for  Disabled  Volunteer 
Soldiers. 

ACT  AUG.  7,  1882.  Inmates  of  National 
Home,  Disabled  Volunteer  Soldiers ;  pay- 
ment of  pensions  of. 

ACT  JULY  1,  1902.  Disposition  of  accrued 
pension  due  inmates  of  National  Home, 
Disabled  Volunteer  Soldiers,  at  death. 

ACT  JUNE  25,  1910.  Application  for  mem- 
bership in  the  National  Home,  Disabled 
Volunteer  Soldiers,  to  contain  provision 
as  to  disposition  of  funds  which  may  be 
due  applicant,  if  admitted,  at  time  of 
death. 

ACT  MAR.  4,  1911.  Prohibiting  expenditure 
of  appropriation  for  benefit  of  the  Na- 
tional Home,  Disabled  Volunteer  Soldiers, 
or  for  any  State  or  Territorial  home,  if 
a  bar  or  canteen  is  maintained  thereat. 

ACT  MAR.  4,  1911.  Sums  collected  by  State 
or  Territorial  homes  to  be  deducted  from 
aid  given  by  the  United  States  to  such 
homes. 

ACT  MAY  28,  1908.  Pensions  of  inmates  of 
State  or  Territorial  homes  to  be  paid 
directly  to  the  beneficiaries. 

ACT  AUG.  7,  1882.  Insane  persons  from  the 
National  Home  for  Disabled  Volunteer 
Soldiers  to  be  admitted  to  the  Govern- 
ment Hospital  for  the  Insane  in  the  Dis- 
trict of  Columbia,  etc. 

ACT  FEB.  20,  1905.  Payment  and  disposi- 
tion of  pension  money  belonging  to  cer- 
tain inmates  of  the  Government  Hospital 
for  the  Insane. 

ACT  JUNE  30,  1906.  Deposited  moneys  of 
deceased  inmates  of  the  Government 
Hospital  for  the  Insane  to  be  covered 
into  the  Treasury. 

ACT  FEB.  2,  1909.  Disbursing  officer,  Gov- 
ernment Hospital  for  the  Insane,  duties  of. 

ACT  MAR.  2,  1895.  Accrued  pensions. 

ACT  MAR.  4,  1909.  Reimbursement  claims 
settled  by  Commissioner  of  Pensions. 

SEC.  4719,  R.  S.  Legal  termination  of  pen- 
sion after  three  years'  failure  to  claim. 

SEC.  4747,  R.  S.  Pensions  not  liable  to  at- 
tachment, etc. 


113 


114  AEMY   AND    NAVY   PENSIONS. 

Sec.  4780,  R.  s.     The  President  is  authorized  to  establish  agencies  for 

Establishment  .  ^  ° 

?iespensi°n  agen-the  payment  of  pensions  wherever,  in  his  judgment,  the 


in^rests  and  the  convenience  of  the  pensioners 
require  ;  but  the  number  of  pension-agencies  in  any  State 
or  Territory  shall  in  no  case  be  increased  hereafter  so 
as  to  exceed  three,  and  no  such  agency  shall  be  estab- 
lished in  addition  to  those  now  existing  in  any  State  or 
Territory  in  which  the  whole  amount  of  pensions  paid 
during  the  fiscal  year  next  preceding  shall  not  have 
exceeded  the  sum  of  five  hundred  thousand  dollars. 
The  President  is  authorized  to  appoint,  by  and  with 
advice  and  consent  of  the  Senate,  all  pension-agents, 
wno  shall  hold  their  respective  offices  for  the  term  of 
,'  3  '  stat!  f  °ur  years,  unless  sooner  removed  or  suspended,  as  pro- 
Apr  22?  S  15  vided  by  law,  and  until  their  successors  are  appointed 
SggV'iS.'g  and  qualified. 

let   Mar.    s,     That  whenever  during  a  session  of  the  Senate  a  va- 

267c'.25.Stat'  L''cancy  shall  occur  in  the  office  of  pension  agent,  by  reason 

poinKitaforva-of  resignation,  death,  removal  or  expiration  of  the  term 

ageSyin  pensi°n  of  office,  Or  where  any  such  agent  lawfully  appointed 

amended.  4  7  7  8  shall  have  failed  to  qualify  and  assume  the  duties  of 

such  office,  the  President  may  when  the  public  exigency 

requires  it,  designate  any  officer  of  the  United  States  to 

perform  the  duties  of  such  office,  but  such  designation 

shall  not  be  for  a  longer  time  than  twenty  days,  and 

such  officer  so  designated  shall  give  bonds  if  required 

by  the  President  for  the  faithful  discharge  of  the  said 

duties,  and  the  Secretary  of  the  Interior  shall  allow  in 

the  settlement  of  the  accounts  of  such  officer,  the  neces- 

sary expenses  incurred  by  him  in  the  discharge  of  his 

duties  under  this  act.     The  foregoing  provisions  shall 

apply  to  any  vacancy  now  existing. 

Bond77of  R'en"  ^^  pension-agents  shall  give  bond,  with  good  and  suffi- 
siTctFebtS5  186?  c^6nt  sureties,  f  or  such  amount  and  in  such  form  as  the 
14  stat.  L.,  391.  'Secretary  of  the  Interior  may  approve. 

!8&>ct23  &tat  L3'      ^or  the  salaries  °f  eighteen  agents  for  the  payment  of 
''  pensions,  at  four  thousand  dollars  each,  seventy-two  thou- 
sand dollars. 

For  ^ees  ^or  preparing  vouchers,  rent,  fuel,  lights,  post- 
age on  letters  to  the  Executive  Departments  and  to  pen- 
sioners, stationery,  and  other  necessary  expenses,  to  be  ap- 
proved by  the  Secretary  of  the  Interior,  two  hundred  and 
n.  fifty-six  thousand  dollars:  Provided,  That  from  and  after 
f  >m  per  June  thirtieth,  eighteen  hundred  and  eight-five,  the  salary 


PENSION   AGENTS   AND  PAYMENT   OF   PENSIONS.  115 

and  emoluments  of  agents  for  the  payment  of  pensions 
shall  be  four  thousand  dollars,  and  no  more,  per  annum; 
and  of  the  fees  provided  by  law  for  vouchers  prepared 
and  paid,  only  so  much  thereof  as  may  be  required  for 
expenses  incurred  in  having  said  vouchers  prepared,  as 
well  as  the  necessary  clerical  work  at  the  agencies,  shall 
be  available.1 

In  case  of  the  sickness  or  unavoidable  absence  of  any  18go®t26J&tS.  L°| 
pension  agent  from  his  office,  he  may,  with  the  approval 
of  the  Secretary  of  the  Interior,  authorize  the  chief  clerk,  salary  of- 
or  some  other  clerk  employed  therein,  to  act  in  his  place, 
to  sign  official  checks,  and  to  discharge  all  the  other  duties 
required  by  law  of  such  pension  agent  ;  and,  with  like  ap-  officfaikchecksSlgn 
proval,  any  pension  agent  may  designate  and  authorize  a 
clerk  to  sign  the  name  of  the  pension  agent  to  official 
checks.2  The  official  bond  given"  by  the  principal  of  the 
office  shall  be  held  to  cover  and  apply  to  the  acts  of  the 
person  appointed  to  act  in  his  place  in  such  cases,  and  a 
new  bond  shall  be  required  from  all  pension  agents  now 
in  office.  Such  acting  officer  shall,  moreover,  for  the  time 
being,  be  subject  to  all  the  liabilities  and  penalties  pre- 
scribed by  law  for  the  official  misconduct,  in  like  cases,  of 
the  pension  agent  for  whom  he  acts. 

That  the  amount  of  clerk  hire  and  other  services  and  19nf  36  &tat.  -L.', 
the  salaries  paid  shall  be  subject  to  the  approval  of  the  10p5e'^i^7'  agen- 
Secretary  of  the  Interior.3  cies'  clerkllire- 

And  hereafter  the  Secretary  of  the  Treasury,  where  1^*25  &tat.  L.| 
practicable,  shall  cause  suitable  rooms  to  be  set  apart  in  pension  ptgen- 
the  public  buildings  under  his  control  in  the  cities  where  cl  Rooms  in  pub- 
pension  agencies  are  located,  which  shall  be  acceptable  lic 
to  the  Secretary  of  the  Interior,  for  the  use  and  occupancy 
of  the  said  agencies  respectively. 


1  Sec.  4781,  R.  S.,  was  repealed  by  the  act  June  14,  1878,  20  Stat.  L., 
112,  c.  188,  and  this  in  turn  was  repealed  by  above  act. 

2  Act  July  18,   1894,  28  Stat.  L.,   113,  c.  141,  modifies  above  act  as  to 
method  of  designation  of  clerk  to  sign  official  checks  by  authorizing  the 
pension    agent   to   make   such    designation   without   other    or    further   ap- 
proval, but  this  proviso  was  held  (2  Comp.  Dec.,  506)  to  apply  to  current 
year  only. 

Sec.   4784,   making  provisions  for   the  taking  of  affidavits  by   pension 
agents  or  their  clerks,  repealed  by  act  Mar.  23,  1896,  29  Stat.  L.,  74,  c.  66. 

3  Prior  to  the  act  of  Mar.  3,  1911,  the  appropriation  acts  recited  that 
"  the  amount   of  clerk  hire   for  each   shall   be  apportioned   as   nearly   as 
practicable  in  proportion  to  the  number  of  pensioners  paid  at  each  agency, 
and  the  salaries  paid  shall  be  subject  to  the  approval  of  the  Secretary  of 
the  Interior."     The  language  quoted  was  last  used  in  act  June  25,   1910, 
36  Stat.  L.,  843,  c.  413. 


116  ARMY  AND  NAVY  PENSIONS. 

B?kn7ks  Rf oSr     The   Secretary   of  the   Interior   shall   cause  suitable 

v°seche5S;  July0!'  blanks  ^or  the  vouchers  mentioned  in  section  forty-seven 

1870, 16 'stat.  L-,  hundred  and  sixty-four  to  be  printed  and  distributed  to 

the  agents  for  the  payment  of  pensions,  upon  which  he 

shall  cause  a  note  to  be  printed  informing  pensioners  of 

the  fact  that  hereafter  no  pension  will  be  paid  except 

upon  the  vouchers  issued  as  herein  directed. 

lensfon4  agents     Within  fifteen  days  immediately  preceding  the  fourth 
louchersqutortearch  da7  of  March,  June,  September,  and  December  in  each' 
pesec0ni*'ju\j  8,year>  the  several  agents  for  the  payment  of  pensions  shallj 
i93?'amendaed  ac't  PrePare  a  quarterly  voucher  for  every  person  whose  pen- 
stat.  L!,  1082.'  ^sion  is  payable  at  his  agency,  and  transmit  the  same  by! 
mail,  directed  to  the  address  of  the  pensioner  named  in 
such  voucher,  who,  on  or  after  the  fourth  day  of  March, 
June,  September,  and  December  next  succeeding  the  date 
of  such  voucher,  may  execute  and  return  the  same  to  the 
agency  at  which  it  was  prepared,  and  at  which  the  pen- 
sion of  such  person  is  due  and  payable. 

1891^26  &tat.  L3)  That  the  Secretary  of  the  Interior  is  hereby  authorized 
10p2a7nSntsec'of  and  directed  to  arrange  the  various  agencies  for  the  pay- 
sfononagente?;  nient  of  pensions  in  three  groups  as  he  may  think  proper, 
la&sofpayinent'.  and  may  from  time  to  time  change  any  agency  from  one 
group  to  another  as  he  may  deem  convenient  for  the 
transaction  of  the  public  business.  The  first  group  shall 
make  their  quarterly  payments  of  pensions  on  January 
fourth,  April  fourth,  July  fourth,  And  October  fourth  of 
each  year;  the  second  group  shall  make  their  quarterly 
payments  of  pensions  on  February  fourth,  May  fourth. 
August  fourth,  and  November  fourth  of  each  year;  and 
the  third  group  shall  make  their  quarterly  payments  of 
pensions  on  March  fourth,  June  fourth,  September 
fourth,  and  December  fourth  of  each  year.  The  Secre- 
tary of  the  Interior  is  hereby  fully  authorized  to  cause 
payments  of  pensions  to  be  made  for  the  fractional  parts 
of  quarters  created  by  such  change,  so  as  to  properly 
amended  4764adjust  all  payments  as  herein  provided.  Section  forty- 
seven  hundred  and  sixty-four  of  the  Revised  Statutes  is 
hereby  so  amended  as  to  conform  to  the  changes  in  the 
time  of  payments  provided  herein,  and  is  made  appli- 
cable thereto. 

The  sum  of  fifteen  thousand  dollars  is  hereby  appro- 
priated to  meet  the  expenses  involved  in  carrying  into 
effect  the  changes  herein  provided  for. 


PENSION  AGENTS  AND  PAYMENT  OF  PENSIONS.  117 


*     *     *     And  provided  further,   That   hereafter   all 
United  States  officers  now  authorized  to  administer  oaths  ^'^J^,  part 
are  hereby  required  and  directed  to  administer  any  and^t^ybbeef^ 
all  oaths  required  to  be  made  by  pensioners  and  their  Jc^ed  8£gs  °0fj 
witnesses  in  the  execution  of  their  vouchers   for  their  char^e- 
pensions  free  of  charge. 

That  hereafter,  in  addition  to  the  officers  now  author-  ig^^s^stat.  L.', 
ized  to  administer  oaths  in  such  cases,  fourth-class  post-  ^v^uc^ers  may 
masters  of  the  United  States  are  hereby  required,  em-  foreexffiSciSS 
powered,  and  authorized  to  administer  any  and  all  oaths  P°stmasters- 
required  to  be  made  by  pensioners  and  their  witnesses 
in  the  execution  of  their  vouchers  with  like  effect  and 
force  as  officers  having  a  seal  ;  and  such  postmaster  shall 
affix  the  stamp  of  his  office  to  his  signature  to  such  vouch- 
ers, and  he  is  authorized  to  charge  and  receive  for  each 
voucher  not  exceeding  twenty-five  cents,  to  be  paid  by  the 
pensioner. 

That  hereafter,  in  addition  to  the  officers  now  author-  1910^  36Jstat.  £5| 
ized  to  administer  oaths  in  such  cases,  rural  free  delivery 
carriers  of  the  United  States  are  hereby  required,  em- 
powered,  and  authorized  to  administer  any  and  all  oaths  de 
required  to  be  made  by  pensioners  and  their  witnesses  in 
the  execution  of  their  vouchers,  with  like  effect  and  force 
as  officers  having  a  seal,   and  they  are   authorized  to 
charge  and  receive  for  each  voucher  not  exceeding  twenty- 
five  cents,  to  be  paid  by  pensioner. 

That  the  Secretary  of  the  Interior  shall  hereafter  19^ct35  ^  L4» 
furnish  free  to  all  pensioners  franked  or  penalty  en-  10F8r'anked'e^aei- 
velopes,  properly  addressed,  to  be  used  by  said  pensioners  JJg*  fj£ 
only  for  the  return  of  their  pension  vouchers.  vouchers. 

Upon  the  receipt  of  such  voucher,  properly  executed, 
and  the  identity  of  the  pensioner  being  established  and 
proved  in  the  manner  prescribed  by  the  Secretary  of 
Interior,  the  agent  for  the  payment  of  pensions  shall  im-  J|J°»  16  stat-  L-> 
mediately  draw  his  check  on  the  proper  assistant  treas- 
urer or  designated  depositary  of  the  United  States  for 
the  amount  due  such  pensioner,  payable  to  his  order,  and 
transmit  the  same  by  mail,  directed  to  the  address  of  the 
pensioner  entitled  thereto;  but  any  pensioner  may  be 
required,  if  thought  proper  by  the  Commissioner  of  Pen- 
sions,  to  appear  personally  and  receive  his  pension. 

That  sections  thirty-six   hundred   and   forty-six   and  igogfas^tat.  ?.', 
thirty-six  hundred  and  forty-seven  of  the  Revised  Stat-^ec'.sS^R.s., 
utes  be,  and  they  hereby  are,  reenacted  and  amended  to5"1 
read  as  follows: 


118  ARMY  AND  NAVY  PENSIONS. 


cateSUchecksU^U"     "  ^EC<  3646.  Whenever  any  original  disbursing  officer's 
disbursing  officer,  check  is  lost,  stolen,  or  destroyed,  the  Secretary  of  the 
Treasury  may  authorize  the  officer  issuing  the  same,  after 
the  expiration  of  six  months  and  within  three  years  from 
the  date  of  such  disbursing  officer's  check,  to  issue  a  dupli- 
Bond.  caf-e  thereof  upon  the  execution  of  such  bond  to  indemnify 

the  United  States  as  the  Secretary  of  the  Treasury  may 
prescribe  :  Provided,  That  when  such  original  disbursing 
officer's  check  does  not  exceed  in  amount  the  sum  of  fifty 
dollars  the  Secretary  of  the  Treasury  may  authorize  the 
issuance  of  a  duplicate  at  any  time  after  the  expiration 
of  thirty  days  and  within  three  years  from  the  date  of 
such  disbursing  officer's  check:  Provided  further,  That 
whenever  any  original  check  or  warrant  of  the  Post-Office 
Department  has  been  lost,  stolen,  or  destroyed  the  Post- 
master-General may  authorize  the  issuance  of  a  duplicate 
thereof  j  at  any  time  within  three  years  from  the  date  of  I 
such  original  check  or  warrant,  upon  the  execution  by 
the  owner  thereof  of  such  bond  of  indemnity  as  the  Post- 
master-General may  prescribe:  And  provided  further  A 
Less  than  $50.  That  when  such  original  check  or  warrant  does  not  exceed 
in  amount  the  sum  of  fifty  dollars  and  the  payee  or  owner 
is,  at  the  date  of  the  application,  an  officer  or  employee 
in  the  service  of  the  Post-Office  Department,  whether  by 
contract,  designation,  or  appointment,  the  Postmaster- 
General  may,  in  lieu  of  an  indemnity  bond,  authorize  the 
issuance  of  a  duplicate  check  or  warrant  upon  such  an 
affidavit  as  he  may  prescribe,  to  be  made  before  any  post- 
master by  the  payee  or  owner  of  an  original  check  or  I 
warrant.1 

amende*?7'  R'  S''     "  ^EC*  3647.  In  case  the  disbursing  officer  or  agent  by 
chS5k,pwhenaoffi-  whom  such  lost,  destroyed,  or  stolen  original  check  was 
deadissued  "  fa  issued  is  dead  or  no  longer  in  the  service  of  the  United 
States  it  shall  be  the  duty  of  the  proper  accounting  officer,  . 
under  such  regulations  as  the  Secretary  of  the  Treasury 
may  prescribe_,  to  state  an  account  in  favor  of  the  owner 
of  such  original  check  for  the  amount  thereof  and  to 
charge  such   amount  to  the  account  of  such  officer  or 
agent  :  Provided,  That  in  case  a  check  drawn  by  any 
officer  or  agent  of  the  Post-Office  Department  is  lost,  ! 
stolen,  or  destroyed  a  duplicate  thereof  may  be  issued 
under  regulations  prescribed  by  the  Postmaster-General,  ] 
as  set  forth  in  section  thirty-six  hundred  and  forty-six." 

1  Sec  3646,  R.  S.,  has  been  amended  several  times  —  first  by  act  Feb.  18, 
1885,  23  Stat.  L.,  306  ;  then  by  act  Mar.  23,  1906,  34  Stat.  L.,  84,  and 
act  June  19,  1906,  34  Stat.  L.,  301  ;  and  lastly,  by  act  Feb.  23,  1909. 


PENSION   AGENTS   AND  PAYMENT  OP   PENSIONS.  119 

That  section  forty-seven  hundred  and  sixty-six,  title  18^ct22  sSft  L8' 
fifty-seven,  of  the  Revised  Statutes  of  the  United  States  37|-^f9-  4'76g 
is  hereby  amended  to  read  as  follows : 

"  SEC.  4766.  Hereafter  no  pension  shall  be  paid  to  any  pJj'Sh^ta'pSJ 
person  other  than  the  pensioner  entitled  thereto,  nor sons  entitled- 
otherwise  than  according  to  the  provisions  of  this  title; 
and  no  warrant,  power  of  attorney,  or  other  paper  exe- 
cuted or  purporting  to  be  executed  by  any  pensioner  to 
any  attorney,  claim  agent,  broker,  or  other  persons  shall 
be  recognized  by  any  agent  for  the  payment  of  pensions, 
nor  shall  any  pension  be  paid  thereon;  but  the  payment 
to  persons  laboring  under  legal  disabilities  may  be  made legal  disal>ilities- 
to  the  guardians  of  such  persons  in  the  manner  herein 
prescribed,  and  pensions  payable  to  persons  in  foreign 
countries  may  be  made  according  to  the  provisions  of 
existing  laws :  Provided,  That  in  case  of  an  insane  in-  er?  p^nslon^Ty 
valid  pensioner  having  no  guardian,  but  having  a  wif e  ^eifefaid  to  ms 
or  children  dependent  upon  him  (the  wife  being  a  woman 
of  good  character),  the  Commissioner  of  Pensions  is 
hereby  authorized,  in  his  discretion,  to  cause  the  pension 
to  be  paid  to  the  wife,  upon  her  properly-executed 
voucher,  or  in  case  there  is  no  wife,  to  the  guardian  of 
the  children,  upon  the  properly-executed  voucher  of  such 
guardian,  and  in  like  manner  to  cause  the  pension  of  in- 
valid pensioners  who  are  or  may  hereafter  be  imprisoned  Prisoned- 
as  punishment  for  offenses  against  the  laws  to  be  paid 
while  so  imprisoned  to  their  wives  or  the  guardians  of 
their  children.  And  pensions  to  Indian  pensioners  re- 
siding in  the  Indian  Territory  may  be  paid  in  person  by  parent.6"  torv> 
the  pension  agent,  upon  a  suitable  voucher,  at  some  con- 
venient point  in  said  Territory,  which,  together  with  the 
form  and  manner  of  identification  of  the  pensioners,  may 
be  prescribed  by  the  Secretary  of  the  Interior ;  such  pay- 
ments to  be  made  in  standard  silver,  at  least  once  in  each 
current  year.  And  payments  in  person  shall  be  made  to 
the  pensioner,  in  cash,  by  the  pension  agent  whenever  in 
the  discretion  of  the  Commissioner  of  Pensions  such  per- 
sonal payment  shall  be  by  him  deemed  necessary  or 
proper  to  secure  to  the  pensioner  his  rights ;  and  the  nec- 
essary and  actual  expenses  of  such  pension  agent  in  mak- 
ing such  payments  shall  be  paid  by  the  Secretary  of  the 
Interior  upon  properly-executed  vouchers,  out  of  the 
contingent  fund  appropriated  for  the  use  of  the  Pension 
Office.  The  commissioner  may,  when  in  his  judgment  it 
shall  be  deemed  necessary  or  proper,  visit  in  person,  for 


120  ARMY  AND   NAVY  PENSIONS. 

the  purpose  of  examination  and  inspection,  or  may  send 
any  one  or  more  of  the  officers  of  his  bureau  for  that  pur- 
pose, any  of  the  pension  agencies  or  medical  examining 
boards  or  surgeons;  and  the  necessary  and  actual  ex- 
penses of  such  visits  shall  be  paid  by  the  Secretary  of 
the  Interior  upon  properly  executed  vouchers,  out  of  the 
contingent  fund  of  said  bureau." 
i899?30  &t£.  L8',     That  section  forty-seven  hundred  and  seventy-six,  Title 
13j^c'460'4766  fifty-seven,  of  the  Kevised  Statutes  of  the  United  States 
amended.  j^  an(j  ^e  same  |s  hereby,  amended  by  adding  thereto  the 

following  additional  provisions  and  provisos,  to  wit :  Pro- 
vided further,  That  in  case  a  resident  pensioner  of  the 
United  States  shall  for  a  period  of  over  six  months  desert 
his  lawful  wife,  she  being  a  woman  of  good  moral  char- 
acter and  in  necessitous  circumstances,  or,  if  he  have  no 
pen-law;ful  wi^6?  shall  desert  his  legitimate  minor  child  or 
children  under  sixteen  years  of  age,  or  his  permanently 
e!  helpless  and  dependent  child,  the  Commissioner  of  Pen- 
child,  etc.  sions  is  hereby  directed,  upon  being  satisfied  by  competent 
evidence  of  such  desertion,  to  cause  one-half  of  the  pen- 
sion due  or  to  become  due  said  pensioner  during  the  con- 
tinuance of  such  desertion  to  be  paid  to  the  wife,  or  in 
case  there  is  no  wife,  to  the  legal  guardian  of  the  child 
state01"  children:  Provided  further,  That  when  a  soldier  or 
of°Sension0pSd  fc>  sailor  enters  into  a  State  home  for  soldiers  or  sailors  as 
wife,  minor  child,  an  jnmate  thereof,  one-half  of  his  pension  accruing  dur- 
ing his  residence  therein  shall  be  paid  to  his  wife,  she 
being  a  woman  of  good  moral  character  and  in  necessitous 
circumstances,  or  if  there  be  no  wife,  then  to  his  child 
or  children  under  sixteen  years  of  age,  or  his  permanently 
helpless  and  dependent  child,  if  any,  unless  such  wife  and 
children  shall  also  be  inmates  of  the  same  institution  or  of 
some  home  provided  for  the  wives  and  children  of  soldiers 
matenof°Neationai an(^  sailors :  Provided  further,  That  if  any  such  pensioner 
^en?ion°n^dlfto^s  or  sna^  become  an  inmate  of  a  National  Soldiers'  Home 
wife,  minor  child,  one-half  of  the  pension  drawn  in  his  behalf  or  to  which 
he  may  become  entitled  during  his  residence  therein  shall 
be  paid  by  the  treasurer  of  that  institution  to  such  pen- 
sioner's wife,  she  being  in  necessitous  circumstances  and 
a  woman  of  good  moral  character,  or,  if  there  be  no  wife, 
to  the  legal  guardian  of  the  minor  child  or  children,  or 
the  permanently  dependent  and  helpless  child  or  children 
of  such  pensioner,  on  the  order  of  the  Commissioner  of 
pens!<MTtonwid--Pensi°ns:  Provided  further,  That  hereafter  no  pension 
aTtsidatTofitmaar^lmder  any  law  of  tne  United  States  shall  be  granted,  al- 
lowed,  or  paid  to  the  widow  of  a  soldier,  sailor,  officer, 


PENSION  AGENTS  ANt>  PAYMENT  OF   PENSIONS.  121 

mval  or  military,  marine,  marine  officer,  or  any  other 
nale  person  entitled  to  a  pension  under  any  law  of  the 
United  States,  unless  it  shall  be  proved  and  established 
hat  the  marriage  of  such  widow  to  the  soldier,  sailor, 
>fficer,  marine,  or  other  person  on  account  of  whose  serv- 
ce  the  pension  is  asked,  was  duly  and  legally  contracted 
md  entered  into  prior  to  the  passage  of  this  act,  or  unless 
;uch  wife  shall  have  lived  and  cohabited  with  such 
soldier,  sailor,  officer,  marine,  marine  officer,  or  other  per- 
son continuously  from  the  date  of  the  marriage  to  the 
iate  of  his  death,  or  unless  the  marriage  shall  take  place 
lereafter  and  prior  to  or  during  the  military  or  naval 
service  of  the  soldier,  sailor,  officer,  marine,  or  other  per- 
on  on  account  of  whose  service  the  pension  is  asked  or 
burned.  This  proviso  shall  not  apply  to  or  affect  the 
widow  of  any  soldier,  sailor,  marine,  officer,  or  marine 
officer  serving  or  who  has  served  in  the  war  between  the 
Jnited  States  and  the  Kingdom  of  Spain. 
In  all  cases  the  questions  of  desertion,  entrance  into  a  Questions  of  de- 

-  sertion,  etc..  to  be 

iome,  necessitous  circumstances,  and  or  good  moral  char-  investigated    by 

.        r\  ~  .      Commissioner   of 

cter  shall  be  ascertained  and  determined  by  the  Commis-  Pensions. 

ioner  of  Pensions  under  such  rules  and  regulations  as 
tie  shall  prescribe,  and  the  treasurers  or  governors  of  the 
several  soldiers'  and  sailors'  homes  shall  be  advised  of 
such  action  from  time  to  time. 

is     *     *     Provided  further,   That  hereafter   no   pen-  18^ct30^"t  Jf» 

ions  shall  be  paid  upon  power  of  attorney  from  pen-  27p'ecnstons  oHor- 

ioners  residing  in  foreign  countries. 


And  provided  further,  That  so  much  of  the  184ct28  ftat' 
ourth  proviso  of  an  Act  entitled  "  An  Act  making  ap-  Repeal1  'of 
sropriations  for  the  payment  of  invalid  and  other  P^JjSmnit 
ions  of  the  United  States  for  the  fiscal  year  ending residents- 
Tune  thirtieth,  eighteen  hundred  and  ninety- four,  and 
:or  other  purposes,"  approved  March  first,  eighteen  hun- 
dred and  ninety-three,  which  reads  as  follows:  "That 
Tom  and  after  July  first,  eighteen  hundred  and  ninety- 
hree,  no  pension  shall  be  paid  to  a  nonresident  who  is 
not  a  citizen  of  the  United  States,  except   for   actual 
disabilities  incurred  in  the  service,"  be  and  the  same  is 
hereby  repealed. 

The  fact  that  one  to  whom  a  pension  has  been  granted 
for  wounds  or  disability  received  in  the  military  service 


has  not  contributed  to  the  funds  of  the  Soldiers'  Home  sio^|r  3>  1851>  c 
shall  not  preclude  him  from  admission  thereto.  But  all  |jg  sec-  5»  v-  9»  p- 
such  pensioners  shall  surrender  their  pensions  to  the 


122  ARMY   AND   NAVY   PENSIONS. 

Soldiers'  Home  during  the  time  they  remain  therein  anc 
voluntarily  receive  its  benefits. 

i8sf*22  &tat  L3'     That  any  inmate  of  the  Home  x  who  is  receiving  a  pen- 
'  sion  from  the  Government,  and  who  has  a  child,  wife,  o: 
parent  living,  shall  be  entitled,  by  filing  with  the  pensior 
agent  from  whom  he  receives  his  money  a  written  direc 
°f Pensions  etetc  ti°n  to  that  effect,  to  have  his  pension,  or  any  part  of  it 
treasurerpaid  to  paid  to  such  child,  wife,  or  parent.     The  pensions  of  al 
who  now  are  or  shall  hereafter  become  inmates  of  tht 
Home,  except  such  as  shall  be  assigned  as  aforesaid,  shal 
be  paid  to  the  treasurer  of  the  Home.     The  money  thi 
derived  shall  not  become  a  part  of  the  funds  of  tl 
Home,  but  shall  be  held  by  the  treasurer  in  trust  for  tl 
pensioner  to  whom  it  would  otherwise  have  been  pai< 
and  such  part  of  it  as  shall  not  sooner  have  been  paid  tc 
him  shall  be  paid  to  him  on  his  discharge  from  the  insti- 
fuuTn^dSSharge  t^tion.     The   board   of   commissioners   may   from   time 
thPhomTer  fr°m  t°  time  pay  over  to  any  inmate  such  part  of  his  pension- 
money  as  they  think  best  for  his  interest  and  consistent 
with  the  discipline  and  good  order  of  the  Home,  but  such 
pensioner  shall  not  be  entitled  to  demand  or  have  the 
same  so  long  as  he  remains  an  inmate  of  the  Home.     In 
staner11  °mone~ case  °^  ^ne  death  of  any  pensioner,  any  pension  money 
ideUai  heirs paidt°  due  him  and  remaining  in  the  hands  of  the  treasurer 
shall  be  paid  to  his  legal  heirs,  if  demand  is  made  within 
three  years ;  otherwise  the  same  shall  escheat  to  the  Home. 
N?va?Home  at     Whenever  any  Navy  officer,  seaman,  or  marine,  entitled 
navKospS.  °r  to  a  pension,  is  admitted  to  a  Navy  hospital,  the  pension, 
during  his  continuance  in  the  hospital,  shall  be  paid  to 
the  Secretary  of  the  Navy  and  deducted  from  the  account 
of  such  pensioner. 

i898Ct30  sfa?  i?'  ^nd  whenever  any  officer,  seaman,  or  marine  entitled 
37s'ec'  4813  pRrts '  ^°  a  Pensi°n  ig  admitted  to  the  Naval  Home  at  Phila- 
'of  in-  delphia  2  or  to  a  naval  hospital,  his  pension,  while  he  re- 


mates  of  Naval 

Home,  Philadel-  i  The  Soldiers'  Home  at  Washington,  D.  C.,  was  established  bj  the  act 
Eospitaf  pa^dTo1  of  March  3»  1851-  Under  sec.  4821,  R.  S.,  the  following  persons  are 
Secretary  of  the  entitled  to  admission  :  First,  every  soldier  of  the  United  States  who  served 
Navy.  or  may  serve  honestly  and  faithfully  20  years  in  the  same.  Second,  every 

soldier  and  every  discharged  soldier,  whether  Regular  or  Volunteer,  who 
has  suffered  or  may  suffer  by  reason  of  disease  or  wounds  incurred  in  the 
service  and  in  the  line  of  his  duty,  rendering  him  incapable  of  further 
military  service,  if  such  disability  was  not  occasioned  by  his  own  mis- 
conduct. Third,  the  invalid  and  disabled  soldiers,  whether  Regular  or 
Volunteer,  of  the  War  of  1812  and  of  all  subsequent  wars. 

Applications  for  admission  may  be  obtained  from  th'e  Board  of  Man- 
agers of  the  Soldiers'  Home,  Washington,  D.  C. 

2  The  Naval  Home  at  Philadelphia,  Pa.,  was  instituted  under  the  pro- 
visions of  sec.  4810,  R.  S.,  and  qualifications  for  admission  thereto  may 
be  obtained  from  the  Secretary  of  the  Navy,  Washington,  D.  C. 


PENSION   AGENTS   AND   PAYMENT  OF   PENSIONS.  123 


mains  there,  shall  be  deducted  from  his  accounts  and  paid  navainsmice  a£ 


to  the  Secretary  of  the  Navy  for  the  benefit  of  the 

from  which  such  home  or  hospital,  respectively,  is  main-  stat-  L-> 1024- 

tained;  and  section  forty-eight  hundred  and  thirteen  of 

the   Revised   Statutes   of  the  United    States   is   hereby 

amended  accordingly. 

All  pensions  payable  or  to  be  paid  under  this  act,  to 
pensioners  who  are  inmates  of  the  National  Home  for 
Disabled  Volunteer  Soldiers1  shall  be  paid  to  the  treas- 
urer or  treasurers  of  said  home,  upon  security  given  to  the  Siera'aHome.  S°l" 
satisfaction  of  the  managers  to  be  disbursed  for  the  bene- 
fit of  the  pensioners  without  deduction  for  fines  or  penal- 
ties under  regulations  to  be  established  by  the  managers 
of  the  home,  said  payment  to  be  made  by  the  pension 
agent  upon  a  certificate  of  the  proper  officer  of  the  home 
that  the  pensioner  is  an  inmate  thereof  and  is  still  living. 
Any  balance  of  the  pension  which  may  remain  at  the  date 
of  the  pensioner's  discharge  shall  be  paid  over  to  him, 
and  in  case  of  his  death  at  the  home  the  same  shall  be 
paid  to  the  widow,  or  children  or  in  default  of  either 
to  his  legal  representatives. 

ars  of  pensions  payable  or  to  18£2%  iSt..  L! 
be  paid  to  pensioners  who  are  or  may  become  inmates  of 
the  National  Home  for  Disabled  Volunteer  Soldiers  shall 
be  paid  to  the  treasurers  of  said  home,  to  be  applied  by  tJeasurerefetc. to 
such  treasurers  as  provided  by  law,  under  the  rules  and 
regulations  of  said  home.  Said  payments  shall  be  made 
by  the  pension  agent  upon  a  certificate  of  the  proper 
officer  of  the  home  that  the  pensioner  is  an  inmate  thereof 
on  the  day  to  which  said  pension  is  drawn.  The  treas- 
urers of  said  home,  respectively,  shall  give  security,  to 
the  satisfaction  of  the  managers  of  said  home,  for  the 
payment  and  application  by  them  of  all  arrears  of  pen- 
sion and  pension-moneys  they  may  receive  under  the 

i  Admission  to  the  National  Home  for  Disabled  Volunteer  Soldiers  is 
governed  by  the  provisions  of  sec.  4832  and  amendatory  acts  (act  May 
16,  1900 ;  act  Jan.  28,  1901 ;  act  May  27,  1908 ;  act  Mar.  4,  1909)  and 
is  limited  to  all  honorably  discharged  soldiers  and  sailors  who  served 
in  the  Regular  or  Volunteer  forces  of  the  United  States  in  any  war,  the 
provisional  army  authorized  by  the  act  of  Mar.  2,  1899,  in  any  of  the 
campaigns  against  hostile  Indians  or  who  have  served  in  the  Philippines, 
in  China,  or  in  Alaska  who  are  disabled  by  disease,  wounds,  or  otherwise 
and  who  have  no  adequate  means  of  support,  are  not  otherwise  provided 
for  by  law,  and  by  reason  of  such  disability  are  incapable  of  earning  a 
living. 

Applications  for  admission  may  be  obtained  from  the  Board  of  Managers, 
National  Home  for  Disabled  Volunteer  Soldiers,  346  Broadway,  New  York, 
N.  Y.,  or  from  the  governor  of  the  nearest  branch  home. 


124  ARMY   AND    NAVY   PENSIONS. 

aforesaid  provision.  And  section  two  of  the  act  entitled 
i8sict2i  ^etat  L6'**^n  &c^  making  appropriations  for  the  payment  of  in- 
valid and  other  pensions  of  the  United  States  for  the 
fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
eighty-two,  and  for  deficiencies,  and  for  other  purposes," 
approved  February  twenty-sixth,  eighteen  hundred  and 
eighty-one,  is  hereby  revived  and  continued  in  force. 

32AsfatulL1'1564>     *     *     *     Hereafter  any  balance  of  pension  money  due 
c.  i55i.  Dart.     ^a  member  of  the  National  Home  for  Disabled  Volunteer 


o1}  Soldiers  at  the  time  of  his  death  shall  be  paid  to  his 
widow,  minor  children,  or  dependent  mother  or  father  in 

SmS  dearth  at  tne  or(^er  named,  and  should  no  widow,  minor  child,  or 
dependent  parent  be  discovered  within  one  year  from  the 
time  of  the  death  of  the  pensioner,  said  balance  shall  be 
paid  to  the  post  fund  of  the  Branch  of  said  National  Home 
of  which  the  pensioner  was  a  member  at  the  time  of  his 
death,  to  be  used  for  the  common  benefit  of  the  members 
of  the  Home  under  the  direction  of  the  Board  of  Man 
agers,  subject  to  future  reclamation  by  the  relatives  here 
inbefore    designated,    upon    application    filed   with   th 
Board  of  Managers  within  five  years  after  the  pensioner' 
death. 

1910^36 "stat.  £     Hereafter  the  application  of  any  person  for  member- 
sniP  in  tne  National  Home  for  Disabled  Volunteer  Sol- 
?1"  diers  and  the  admission  of  the  applicant  thereunder  shall 
of  be  and  constitute  a  valid  and  binding  contract  between 

matpesr  to  befpartsucn  applicant  and  the  Board  of  Managers  of  said  home 

°f'use  for  post *nat  on  the  death  of  said  applicant  while  a  member  of 
such  home,  leaving  no  heirs  at  law  nor  next  of  kin,  all 
personal  property  owned  by  said  applicant  at  the  time  of 
his  death,  including  money  or  choses  in  action  held  by 
him  and  not  disposed  of  by  will,  whether  such  property 
be  the  proceeds  of  pensions  or  otherwise  derived,  shall 
vest  in  and  become  the  property  of  said  Board  of  Man- 
agers for  the  sole  use  and  benefit  of  the  post  fund  of 
said  home,  the  proceeds  to  be  disposed  of  and  distributed 
among  the  several  branches  as  may  be  ordered  by  said 
Board  of  Managers,  and  that  all  personal  property  of 
said  applicant  shall,  upon  his  death  while  a  member,  at 
once  pass  to  and  vest  in  said  Board  of  Managers,  subject 
to  be  reclaimed  by  any  legatee  or  person  entitled  to  take 
the  same  by  inheritance  at  any  time  within  five  years 

cant°stice  to  appli" af ter  the  death  of  such  member.    The  Board  of  Managers 


PENSION   AGENTS   AND   PAYMENT   OF   PENSIONS. 


125 


is  directed  to  so  change  the  form  of  application  for 
membership  as  to  give  reasonable  notice  of  this  provision 
to  each  applicant  and  as  to  contain  the  consent  of  the 
applicant  to  accept  membership  upon  the  conditions 
herein  provided. 

*  *  Provided,  That  no  part  of  the  foregoing  ap- 
propriations shall  be  expended  for  any  purpose  at  any 
branch  of  the  National  Home  for  Disabled  Volunteers 
that  maintains  or  permits  to  be  maintained  on  its  prem- 
ises a  bar,  canteen,  or  other  place  where  beer,  wine,  or 
other  intoxicating  liquors  are  sold.1 

State  or  Territorial  homes  for  disabled  soldiers  and 
31  sailors :  For  continuing  aid  to  State  or  Territorial  homes 
»|for  the  support  of  disabled  volunteer  soldiers,  in  con- 
formity with  the  act  approved  August  twenty-seventh, 
eighteen  hundred  and  eighty-eight,2  including  all  classes 
ijof  soldiers  admissible  to  the  National  Home  for  Disabled 
I  Volunteer  Soldiers,  one  million  two  hundred  thousand: 
.{Provided,  That  no  part  of  this  appropriation  shall  be 
J  apportioned  to  any  State  or  Territorial  home  that  main- 
tains a  bar  or  canteen  where  intoxicating  liquors  are 


Act  Mar.  4, 
1911,  36  Stat.  L., 
1412,  c.  285,  part. 

National  Home 
for  Disabled  Vol- 
unteer Soldiers, 
appropriation  for. 

Proviso. 

Intoxicants. 


State  or  Terri- 
torial homes. 


25  Stat.  L.,  450. 


Proviso. 


Intoxicants. 


1  Restriction   first   contained  in   act   June   30,    1906,   34    Stat.    L.,   749, 
,|c.   2914. 

2  That  all  States  or  Territories  which  have  established,  or  which  shall     Act    Aug.    27, 
'I hereafter  establish,   State  homes  for  disabled  soldiers  and  sailors  of  the*8*8'  2|.?tat'  j'*' 

United  States  who  served  in  the  War  of  the  Rebellion,  or  in  any  previ-     Disabled      sol- 
ous  war,  who  are  disabled  by  age,  disease,  or  otherwise,  and  by  reason  diers  and  sailors, 
of  such  disability  are  incapable  of  earning  a  living,   provided  such  dis-.   Ai(*    to 
lability  was  not  incurred   in   service   against  the  United   States,   shall   be 
]  paid  for  every  such  disabled  soldier  or  sailor  who  may  be  admitted  and 
cared  for  in  such  home  at  the  rate  of  one  hundred  dollars  per  annum. 
The    number    of   such    persons    for   whose    care    any    State    or    Territory 
|  shall   receive  the  said   payment  under  this   act  shall   be   ascertained  by 
the   Board   of   Managers    of   the   National    Home   for   Disabled   Volunteer     Board  of  Man- 
Soldiers,  under  such  regulations  as  it  may  prescribe,  but  the  said  State  agers^of ^National 
or  Territorial   homes   shall   be   exclusively   under   the   control   of  the   re- 
ctive    State    or   Territorial    authorities,    and    the    Board    of    Managers 
shall   not   have   nor   assume   any   management   or   control   of   said    State 
or   Territorial    homes.      The   Board   of   Managers   of   the   National    Home     Inspection, 
shall,  however,  have  power  to  have  the  said  State  or  Territorial  homes 
inspected  at  such  times  as  it  may  consider  necessary,   and   shall  report 
the  result  of  such  inspections  to  Congress  in  its  annual  report. 

That  the  sum  of  two  hundred  and  fifty  thousand  dollars,  or  so  much     Sec.  2,  id. 
thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  to  carry  out  the  provisions 
of   this  act,    and   payments  to   the   States   or  Territories   under   it   shall     Payments, 
be  made  quarterly  by  the  said  Board  of  Managers  for  the  National  Home 
for  Disabled  Volunteers  to  the  officers  of  the  respective  States  or  Terri- 
tories entitled,   duly  authorized   to   receive   such   payments,    and   shall  be 
accounted  for  as  are  the  appropriations  for  the  support  of  the  National 
Home  for  Disabled  Volunteer  Soldiers. 


126  ARMY  AND  NAVY  PENSIONS. 


further,  That  for  any  sum  or  sums  col 
lected  in  any  manner  from  inmates  of  such  State  or 
Territorial  homes  to  be  used  for  the  support  of  saio; 
homes  a  like  amount  shall  be  deducted  from  the  aic-' 
herein  provided  for,  but  this  proviso  shall  not  appl}[ 
to  any  State  or  Territorial  home  into  which  the  wive* 
or  widows  of  soldiers  are  admitted  and  maintained.2 
i908Ct35'stat  L?'     That  fr°m  and  after  the  passage  of  this  Act  all  pen-li 
419,  c.  208,  part.  '  sioners  who  may  be  inmates  of  any  soldiers'  and  sailors  f 

State  or  Tern-  »  •» 

toriai  homes,  pen-  home,  or  other  institution  maintained  by  any  State  foil 

sions  of  inmates  7  *  * 

to  be  paid  direct,  the  benefit  of  dependent  or  other  disabled  volunteejl 
soldiers,  shall  have  their  respective  pensions  paid  tcl 
them  directly  instead  of  to  the  treasurer  or  other  officei'] 
of  the  home  or  institution  at  which  they  may  be  respect 
tively  located. 

1882^22  stat.  L!;      GOVERNMENT   HOSPITAL,   FOR   THE   INSANE:    For   cur-ij 

32Thos4e33entitied  rent  expenses  of  the  Government  Hospital  for  the  Insane  :  I 

GovdenJinimnent^or  support,  clothing,  and  treatment  in  the  Government  j 

inssaneal  for  the  Hospital  for  the  Insane  of  the  insane  of  the  Army  and 

Navy,  Marine  Corps,  and  Ee  venue-Cutter  Service,  and 

those  committed  from  the  National  Homes  for  Disabled 

Volunteer  Soldiers,  and  persons  charged  with  or  con- 

victed of  crimes  against  the  United  States,  and  of  all  per- 

sons who  have  become  insane  since  their  entry  into  the 

military  or  naval  service  of  the  United  States,  and  who 

indigent  insane  a  re  indigent,  and  of  the  indigent  insane  of  the  District 

Columbia!  ™    °  of  Columbia,  two  hundred  and  two  thousand  five  hundred 

dollars;  and  not  exceeding  one  thousand  dollars  of  this 

sum  may  be  expended  in  defraying  the  expense  of  tin 

removal  of  patients  to  their  friends;  and  that  hereaftei 

the  surplus  products  and  waste  material  of  the  hospital 

may  be  sold  or  exchanged  for  the  benefit  of  the  hospital, 

and  proceeds  to  be  used  and  accounted  for  the  same  as  ii 

insane  persons  other  f  unds  i  Provided,  That  in  addition  to  the  persons 

from    N  ational  ,-,1-1,  i  •  -i  i  •  ,    i  • 

Home  for  Dis-  now  entitled  to  admission  to  said  hospital,  any  inmate  of 
soldiers  to  be  ad-  the  National  Home  for  Disabled  Volunteer  Soldiers  who 
is  now  or  may  hereafter  become  insane  shall,  upon  an 
order  of  the  president  of  the  board  of  managers  of  the 
said  National  Home,  be  admitted  to  said  hospital  and 
treated  therein  ;  and  if  any  inmate  so  admitted  from  said 
National  Home  is  or  thereafter  becomes  a  pensioner,  and 


1  Restriction   first   contained   in   act   Apr.    28,    1904,    33    Stat.    L.,    504, 
c.   1762. 

2  Restriction   first   contained   in   act   Mar.   4,    1909,    35    Stat.    L.,    1012, 
c.   299. 


PENSION   AGENTS   AND   PAYMENT  OF   PENSIONS.  127 

ias  neither  wife,  minor  child,  nor  parent  dependent  on 
im,  in  whole  or  in  part,  for  support,  his  arrears  of  pen- 
sion and  his  pension  money  accruing  during  the  period 
ie  shall  remain  in  said  hospital  shall  be  applied  to  his 
support  in  said  hospital,  and  be  paid  over  to  the  proper 
>fficer  of  said  institution  for  the  general  uses  thereof. 

That  the  proviso  in  the  Act  approved  August  seventh,  19^ct33^etai  f,0' 
dghteen  hundred  and  eighty-two,  appearing  on  page  73^t-|9u3g  7 1882'; 
hree  hundred  and  thirty  of  the  Twenty-second  Statutes  amended. 
it  Large,  and  relating  to  pensions  of  inmates  of  the  Gov-  nSpitairformthe 
Tnment  Hospital  for  the  Insane,  is  hereby  stricken  outlnsane- 
jid  the  following  inserted : 

"  Provided,  That  in  addition  to  the  persons  now  en-  toIdSLSn.1*16* 
itled  to  admission  to  said  hospital,  any  inmate  of  the 
National  Home  for  Disabled  Volunteer  Soldiers  who  is 
low  or  may  hereafter  become  insane  shall,  upon  an  order 
>f  the  president  of  the  Board  of  Managers  of  the  said 
National  Home,  be  admitted  to  said  hospital  and  treated 
herein.  During  the  time  that  any  pensioner  shall  be  an  .  Pension  money 

J    r  due    inmates 

nmate  of  the  Government  Hospital  for  the  Insane  allg^to  superin- 

noney  due  or  becoming  due  upon  his  or  her  pension 

ihall  be  paid  by  the  pension  agent  to  the  superintendent 

>f  the  hospital,  upon  a  certificate  by  such  superintendent 

hat  the  pensioner  is  an  inmate  of  the  hospital  and  is 

iving,  and  such  pension  money  shall  be  by  said  superin- 

endent  disbursed  and  used,  under  regulations  to  be  pre- 

cribed  by  the  Secretary  of  the  Interior,  for  the  benefit 

)f  the  pensioner,  and,  in  the  case  of  a  male  pensioner, 

lis  wife,  minor  children,  and  dependent  parents,  or,  if 

female  pensioner,  her  minor  children,  if  any,  in  the 
)rder  named,  and  to  pay  his  or  her  board  and  mainte- 
lance  in  the  hospital;  the  remainder  of  such  pension 
noney,  if  any,  to  be  placed  to  the  credit  of  the  pensioner 
tnd  to  be  paid  to  the  pensioner  or  the  guardian  of  the 
Densioner  in  the  event  of  his  or  her  discharge  from  the 
lospital ;  or,  in  the  event  of  the  death  of  said  pensioner 
;vhile  an  inmate  of  said  hospital,  shall,  if  a  female  pen-JJ^^6^11  of  m- 
ioner,  be  paid  to  her  minor  children,  and,  in  the  case  of 

male  pensioner,  be  paid  to  his  wife,  if  living ;  if  no  wife 
urvives  him,  then  to  his  minor  children;  and  in  case 
here  is  no  wife  nor  minor  children,  then  the  said  unex- 
pended balance  to  his  or  her  credit  shall  be  applied  to  Disposition  of 

«  .  •  f         T         rru        accumulated 

he  general  uses  of  said  hospital :  Provided  further,  That  funds  with  treas- 

.  .       ' '  urers  of  national 

n  the  case  of  pensioners  transferred  to  the  hospital  irom  homes  on^  trans- 
he  National  Home  for  Disabled  Volunteer  Soldiers,  any  Government 

J  Hospital  for  the 
Insane. 


128  ARMY   AND    NAVY   PENSIONS. 

pension  money  to  his  credit  at  said  Home  at  the  time  of 

his  said  transfer  shall  be  transferred  with  him  to  said 

hospital  and  placed  to  his  credit  therein,  to  be  expended 

as  hereinbefore  provided  ;  and  in  case  of  his  return  from 

said  hospital  to  the  Home,  any  balance  to  his  credit  at 

said  hospital  shall,  in  like  manner,  be  transferred  to  said 

Home,  to  be  expended  in  accordance  with  the  rules  estab- 

lished in  regard  thereto.     This  provision  shall  also  be 

applicable  to  all  unexpended  pension  money  heretofore 

paid  to  the  officers  of  the  said  hospital  on  account  oi 

pensioners  who  were  but  are  not  now  inmates  thereof.' 

i906Ct34Jstaet.  L°'     ^-11  moneys  belonging  to  deceased  inmates  of  the  Gov- 

78Se'i»?it^«cfenmi611*  Hospital  for  the  Insane  and  deposited  in  the 

&endSeas?d0nT-Treasury  by  tne  superintendent  as  agent  prior  to  Feb- 

™ratesvoi.  33,eap~  ruary  twentieth,  nineteen  hundred  and  five,  shall,  if  un- 

73c'overed  i  n  t  o  claimed  by  the  legal  heirs  of  such  inmate  within  the 

fiveas5!SsaifftiSi-Peri0(i  °f  fiye  years  from  the  date  of  the  passage  of  this 

claimed.  ^-.^  fa  covered  into  the  Treasury,  and  all  moneys  sc 

deposited  by  the  superintendent  as  agent  after  February 

twentieth,  nineteen  hundred  and  five,  and  belonging  tc 

inmates  who  have  died  since  that  time,  or  may  hereaftei 

die,  shall  likewise  be  covered  into  the  Treasury  unless 

claimed  by  his  or  her  legal  heirs  within  five  years  from  I 

the  death  of  the  inmate.    And  the  superintendent  of  the 

Government  Hospital  for  the  Insane  is  hereby  authorized 

and  directed^  under  such  regulations  as  may  be  prescribed  I 

by  the  Secretary  of  the  Interior,  to  make  diligent  inquiry  I 

in  every  instance  after  the  death  of  an  inmate  to  ascertair  I 

the  whereabouts  of  his  or  her  legal  heirs.    Claims  may  be 

presented  hereunder  at  any  time,  and  when  established 

by  competent  proof  in  any  case  not  more  than  five  years 

after  the  death  of  an  inmate  shall  be  certified  to  Congress 

for  consideration. 

35Astaf  ebL2>1592'     That  section  forty-eight  hundred  and  thirty  -nine  of  th<  1 
c'IecS4839'R  s  Reyise(l  Statutes  be,  and  the  same  is  hereby,  amended  s< 

'          to  read  aS  Allows: 


in°ssaneal  for  ***  "  ^EC-  4839«  The  chief  executive  officer  of  the  Govern- 
ment  Hospital  for  the  Insane  shall  be  a  superintendent 
who  shall  be  appointed  by  the  Secretary  of  the  Interior 
shall  be  entitled  to  a  salary  of  four  thousand  dollars  8  1 
year,  and  shall  give  bond  for  the  faithful  performance  oj 
his  duties  in  such  sum  and  with  such  securities  as  maj 
be  required  by  the  Secretary  of  the  Interior.  The  super- 
intendent shall  be  a  well-educated  physician^  possessing 


PENSION   AGENTS   AND   PAYMENT   OF   PENSIONS.  129 

competent  experience  in  the  care  and  treatment  of  the 
insane;  he  shall  reside  on  the  premises  and  devote  his 
whole  time  to  the  welfare  of  the  institution;  he  shall, 
subject  to  the  approval  of  the  board  of  visitors,  appoint 
a  responsible  disbursing  agent  for  the  institution,  who  agent-*  bond8;  l$& 
shall  give  a  bond  satisfactory  to  the  Secretary  of  the  In- t 
terior,  and  the  said  superintendent  shall  engage  and  dis- 
charge all  needful  and  useful  employees  in  the  care  of  the 
insane  and  all  laborers  on  the  farm  and  determine  their 
wages  and  duties ;  he  shall  also  be  an  ex  officio  secretary 
of  the  board  of  visitors.  The  said  disbursing  agent, 
under  the  direction  of  the  superintendent,  shall  have  the 
custody  of  and  pay  out  all  moneys  appropriated  by  Con- 
gress for  the  Government  Hospital  for  the  Insane,  or 
otherwise  received  for  the  purposes  of  the  hospital,  and 
all  moneys  received  by  the  superintendent  in  behalf  of 
the  hospital  or  its  patients,  and  keep  an  accurate  account 
or  accounts  thereof.  The  said  disbursing  agent  shall  de-  fu^.p  ° s  * t  ° f 
posit  in  the  Treasury  of  the  United  States,  under  the  di- 
rection of  the  superintendent,  all  funds  now  in  the  hands 
jof  the  superintendent  or  which  may  hereafter  be  in- 
trusted to  him  by  or  for  the  use  of  patients,  which  shall 
[be  kept  in  a  separate  account;  and  the  said  disbursing  cj|gjarate  ^ 
agent  is  authorized  to  draw  therefrom,  under  the  direc- 
|tion  of  the  said  superintendent,  from  time  to  time,  under 
>uch  regulations  as  the  Secretary  of  the  Interior  may 
(prescribe,  for  the  use  of  such  patients,  but  not  to  exceed 
for  any  one  patient  the  amount  intrusted  to  the  superin- 
tendent on  account  of  such  patient.  During  the  time  of 
that  any  pensioner  shall  be  an  inmate  of  the  Government mates- 
Hospital  for  the  Insane,  all  money  due  or  becoming  due 
upon  his  or  her  pension  shall  be  paid  by  the  pension  agent 
|to  the  superintendent  or  disbursing  agent  of  the  hos- 
>ital,  upon  a  certificate  by  such  superintendent  that  the 
tfisioner  is  an  inmate  of  the  hospital  and  is  living,  and 
ich  pension  money  shall  be  by  said  superintendent  or 
isbursing  agent  disbursed  and  used,  under  regulations 
be  prescribed  by  the  Secretary  of  the  Interior,  for  the 
iefit  of  the  pensioner,  and,  in  case  of  a  male  pensioner, 
ds  wife,  minor  children,  and  dependent  parents,  or,  if  a 
jmale  pensioner,  her  minor  children,  if  any,  in  the  order 
tamed,  and  to  pay  his  or  her  board  and  maintenance  in 
iie  hospital,  the  remainder  of  such  pension  money,  if  any, 
be  placed  to  the  credit  of  the  pensioner  and  to  be  paid 
:o  the  pensioner  or  the  guardian  of  the  pensioner  in  the 
jvent  of  his  or  her  discharge  from  the  hospital;  or,  in 
8001°— 12 10 


130  ARMY   AND    NAVY  PENSIONS. 

the  event  of  the  death  of  said  pensioner  while  an  inmate 
of  said  hospital,  shall,  if  a  female  pensioner,  be  paid  to 
der^of*  pension)  *ier  minor  children,  and,  in  the  case  of  a  male  pensioner, 
etc-  be  paid  to  his  wife,  if  living ;  if  no  wife  survives  him, 

then  to  his  minor  children .;  and  in  case  there  is  no  wife 
nor  minor  children,  then  the  said  unexpended  balance 
to  his  or  her  credit  shall  be  applied  to  the  general  uses  of 
Transfer  of  bai  sa^  hospital :  Provided,  That  in  the  case  of  any  pen- 
ances, etc.,  from  gioner   transferred  to  the   hospital   from  the   National 

Volunteer    S  o  1  - 

dier's  Home.  Home  f or  Disabled  Volunteer  Soldiers,  any  pension 
money  to  his  credit  at  said  home  at  the  time  of  his  said 
transfer  shall  be  transferred  with  him  to  said  hospital 
and  placed  to  his  credit  therein,  to  be  expended  as  herein- 
before provided,  and  in  case  of  his  return  from  said 
hospital  to  the  home  any  balance  to  his  credit  at  said  | 
hospital  shall  in  like  manner  be  transferred  to  said  home, 
to  be  expended  in  accordance  with  the  rules  established 
in  regard  thereto,  and  this  provision  shall  also  be  appli- 
cable to  all  unexpended  pension  money  heretofore  paid 
to  the  officers  of  said  hospital  on  account  of  pensioners 
who  were  but  are  not  now  inmates  thereof." 

That  all  provisions  of  law  inconsistent  with  this  act 
are  hereby  repealed. 

That  from  and  after  the  twenty-eighth  day  of  Septem- 

c' Accrued    en  ^€r'  eighteen  hundred  and  ninety-two,  the  accrued  pension 

towhom0aidand  ^°  ^ne  date  °^  the  death  of  any  pensioner,  or  of  any  per- 
son entitled  to  a  pension  having  an  application  therefor 
pending,  and  whether  a  certificate  therefor  shall  issue 
prior  or  subsequent  to  the  death  of  such  person,  shall,  in 
the  case  of  a  person  pensioned,  or  applying  for  pension, 
on  account  of  his  disabilities  or  service,  be  paid,  first,  to 
his  widow;  second,  if  there  is  no  widow,  to  his  child  or 
children  under  the  age  of  sixteen  years  at  his  death ;  third, 
in  case  of  a  widow,  to  her  minor  children  under  the  age 
of  sixteen  years  at  her  death.  Such  accrued  pension  shall 

estate  ^^  °f  no^  ^e  considered  a  part  of  the  assets  of  the  estate  of  such 
deceased  person,  nor  be  liable  for  the  payment  of  the 
debts  of  said  estate  in  any  case  whatsoever,  but  shall  inure 
to  the  sole  and  exclusive  benefit  of  the  widow  or  children. 
And  if  no  widow  or  child  survive  such  pensioner,  and 
in  the  case  of  his  last  surviving  child  who  was  such  minor 
at  his  death,  and  in  case  of  a  dependent  mother,  father, 
sister,  or  brother,  no  payment  whatsoever  of  their  ac- 

ment  expenses8 5 crued  pension  shall  be  made  or  allowed  except  so  much 
and  as  •may  ke  necessary  to  reimburse  the  person  who  bore  the 


PENSION   AGENTS   AND   PAYMENT  OF   PENSIONS.  131 

expense  of  their  last  sickness  and  burial,  if  they  did  not 
leave  sufficient  assets  to  meet  such  expense.  And  the 
mailing  of  a  pension  check,  drawn  by  a  pension  agent  in 
payment  of  a  pension  due,  to  the  address  of  a  pensioner, 
shall  constitute  payment  in  the  event  of  the  death  of  a 
,  pensioner  subsequent  to  the  execution  of  the  voucher 
therefor.  And  all  prior  laws  relating  to  the  payment  of  ^Q™  laws  re~ 
accrued  pension  are  hereby  repealed. 


That  hereafter  the  settlement  of  all  claims  for  the    ^}  ***•  4 

OO   olo-t.    -L/.j    luOo, 

reimbursement  of  expenses  of  the  last  sickness  and  burial  c-  302»  P811- 

of  deceased  pensioners  shall  be  under  the  direction  of  the  pens?onsSto°seett?e 

Commissioner  of  Pensions.1  b  ursement 


*  and  no  part  of  any  accrued  pension  shall 
hereafter  be  used  to  remimburse  anw  State,  county,  or 
municipal  corporation  for  expenses  incurred  by  such 
State,  county,  or  municipal  corporation  under  State  law  ^e6^?^  „ 
for  expenses  of  the  last  sickness  or  burial  of  a  deceased  JJSJjfpal  corpo~ 
pensioner.  *  *  * 

The  failure  of  any  pensioner  to  claim  his  pension  for  uos£me?pra- 
three  years  after  the  same  shall  have  become  due  shall  ^ons;  disPosition 
be  deemed  presumptive  evidence  that  such  pension  haSj^ 
legally  terminated  by  reason  of  the  pensioner's  death,574- 
remarriage,  recovery  from  the  disability,  or  otherwise, 
Sand  the  pensioner's  name  shall  be  stricken  from  the  list 
of  pensioners,  subject  to  the  right  of  restoration  to  the 
same  on  a  new  application  by  the  pensioner,  or,  if  the 
(pensioner  is  dead,  by  the  widow  or  minor  children  en- 
titled to  receive  the  accrued  pension,  accompanied  by  evi- 
dence satisfactorily  accounting  for  the  failure  to  claim 
such  pension,  and  by  medical  evidence  in  cases  of  invalids 
who  were  not  exempt  from  biennial  examinations  as  to 
the  continuance  of  the  disability. 

No  sum  of  money  due,  or  to  become  due,  to  any  pen- 
sioner,  shall  be  liable  to  attachment,  levy,  or  seizure  byJJSlt.40  attach" 
or  under  any  legal  or  equitable  process  whatever,  whether  i^iT^stat^L.', 
the  same  remains  with  the  Pension-Office,  or  any  officer  f^^  ItaTiS 
or  agent  thereof,  or  is  in  course  of  transmission  to  the  fj^6^  stat,l3il! 
pensioner  entitled  thereto,  but  shall  inure  wholly  to  the303' 
benefit  of  such  pensioner. 

1  Reimbursement  claims  were  formerly  settled  in  the  Treasury  Depart- 
ment, jurisdiction  over  them  having  been  conferred  on  the  Commissioner 
of  Pensions  by  this  act. 


Chapter  IX. 
MISCELLANEOUS  STATUTES,  AND  TABLES   OF  RATES. 


SBC.  4715,  R.  S.  Two  pensions  not  allow- 
able ;  right  of  election. 

SEC.  4720,  R.  S.  Pensions  under  special 
acts  of  Congress. 

ACT  JUNE  6,  1874.  Special  act  pensions 
equalized. 

ACT  JULY  25,  1882.  Pension  under  special 
act  not  to  be  additional  to  that  allowed 
by  general  law  unless  the  act  specifically 
grants  an  additional  pension. 

ACT  MAR.  4,  1909.  Additional  pension 
granted  by  a  special  act  to  a  widow  or 
guardian  on  account  of  a  helpless  child 
not  to  affect  the  rate  of  pension  to 
which  the  widow  may  be  entitled  inde- 
pendent of  the  additional  allowance. 

RESOLUTION  MAY  29,  1830.  Report  to  be 
made  to  Congress  in  case  of  meritorious 
claim  not  provided  for  by  existing  law. 

JOINT  RESOLUTION  FEB.  1,  1884.  Detail  of 
clerks  from  Pension  Office  to  the  pen- 
sion committees  of  the  House  of  Repre- 
sentatives. 

SEC.  4716,  R.  S.  Disloyalty  bar  to  pension. 

ACT  AUG.  1,  1892.  Pensions  to  certain 
soldiers  and  sailors  allowed,  although 
they  had  engaged  in  the  rebellion. 

JOINT  RESOLUTION  JULY  1,  1902,  SEC.  1. 
Limitation  of  section  4716,  R.  S.,  as  to 
disloyalty  removed  in  certain  cases. 

SEC.  4724,  R.  S.  Both  pension  and  pay  not 
allowed  unless,  etc. 

ACT  AUG.  29,  1890,  AND  ACT  MAR.  3,  1891. 
Pensions  not  allowed  to  persons  on  the 
active  or  retired  list  of  the  Army,  Navy, 
or  Marine  Corps. 

ACT  MAY  27,  1908.  Pensions  not  allowed  to 
persons  in  the  Revenue-Cutter  Service. 

ACT  DEC.  21,  1893.  Pensions  not  to  be 
withheld  or  suspended  until  after  notice. 

SEC.  4733,  R.  S.  Continuance  of  pension 
to  certain  persons. 

SEC.  4734,  R.  S.  Pensions  not  to  be  with- 
held for  debts  due  the  United  States. 

SEC.  224,  R.  S.  Certificate  of  service  in 
Army,  given  in  lieu  of  lost  discharge,  not 
to  be  accepted  as  evidence. 

ACT  MAY  15,  1886.  Discharges  to  be  issued 
to  members  of  the  Missouri  Home 
Guards. 


ACT  JUNE  25,  1910.  Secretary  of  War  and 
Secretary  of  the  Navy  authorized  to 
issue  certificates  of  discharge,  etc.,  in 
true  names  of  such  persons  as  enlisted 
or  served  under  assumed  names,  etc. 

SBC.  4749,  R.  S.  Certain  soldiers  and 
sailors  not  to  be  deemed  deserters. 

ACT  AUG.  14,  1888.  Relieving  certain  ap- 
pointed and  enlisted  men  of  the  Navy 
and  Marine  Corps  from  the  charge  of 
desertion. 

ACT  MAY  24,  1900.  Removing  limitation 
as  to  time  of  filing  claims  under  act 
Aug.  14,  1888. 

ACT  MAR.  2,  1889.  Charges  of  desertion  re- 
moved from  the  records  of  certain  volun- 
teer soldiers. 

ACT  MAR.  2,  1891.  Amending  act  Mar.  2, 
1889,  as  to  minor's  discharge  by  order 
of  court. 

ACT  JULY  27,  1892.  Extending  limitation 
as  to  time  of  filing  applications  under 
the  act  of  Mar.  2,  1889. 

ACT  MAR.  2,  1895.  Removing  limitation  as 
to  time  of  filing  applications  under  the 
act  of  Mar.  2,  1889. 

ACT  APRIL  26,  1898.  Desertion  from  the 
army  in  time  of  war  forfeits  pensionable 
rights. 

ACT  MAY  11,  1908.  Desertion  from  the 
army  forfeits  pensionable  rights. 

JOINT  RESOLUTION  FEB.  27,  1911.  Modi- 
fying certain  laws  relating  to  the  mili- 
tary records  of  certain  soldiers  and  sail- 
ors so  as  to  permit  the  allowance  of 
pensions. 

SEC.  4701,  R.  S.  Date  when  service  termi- 
nates. 

JOINT  RESOLUTION  JULY  1,  1902,  SEC.  2. 
As  to  final  honorable  discharge  from  the 
War  of  the  Rebellion. 

JOINT  RESOLUTION  JUNE  28,  1906.  Extend- 
ing the  provisions  of  section  2,  joint  reso- 
lution of  July  1,  1902. 

ACT  APR.  22,  1898,  SEC.  12.  Status  of 
Spanish  War  volunteers  in  respect  to 
pension  rights. 

ACT  MAY  28,  1896.  Merchant-marine  serv- 
ice, persons  serving  therein  liable  to 
draft  in  time  of  war,  and  entitled  to  pen- 
sions for  wounds  received. 

ACT  MAR.  1,  1879.  Pensioners  in  civil 
service,  may  be  paid  pension. 

TABLES  OF  RATES. 

138 


134  AEMY  AND   NAVY   PENSIONS. 

Two471ensions     Nothing  in  this  Title  shall  be  so  construed  as  to  allow 


sec2Mar  3  more  than  one  pension  at  the  same  time  to  the  same 
573\i7slta4t'and>Person>  or  ^°  Persons  entitled  jointly;  but  any  pensioner! 
i2'staty  L'  16OT:W^1°  snaU  so  elect  may  surrender  his  certificate,  and  re-| 
flee  14  sJtat6L6'ce^ve'  *n  ^eu  thereof,  a  certificate  for  any  other  pension] 
itwhAtSfiJi*0  wnicn  ne  would  have  been  entitled  had  not  the  sur-j 
m  rendered  certificate  been  issued.  But  all  payments  pre-i 

viously  made  for  any  period  covered  by  the  new  certifi-| 
cate  shall  be  deducted  from  the  amount  allowed  by  such  I 
certificate. 

under     When  the  rate,  commencement,  and  duration  of  a  pen- 
,ar.  3,  s^on  aU°wed  by  special  act  are  fixed  by  such  act,  they  [ 
57?'sec.  Si5at  July  sna^  no^  ^e  subject  to  be  varied  by  the  provisions  and 
L.',  1^;  ^^'limitations  of  the  general  pension-laws,  but  when  not 
stlt.  L!,  m0'  ^thus  fixed  the  rate  and  continuance  of  the  pension  shall 
ment,  act^uneV^6  su^Ject  to  variation  in  accordance  with  the  general 
laws,  and  its  commencement  shall  date  from  the  passage 
au^^t^n°SSs°^  tne  special  act5  and  the  Commissioner  of  Pensions  shall, 
?raud!lspecteduPon  satisfactory  evidence  that  fraud  was  perpetrated  in 
obtaining  such  special  act,  suspend  payment  thereupon 
until  the  propriety  of  repealing  the  same  can  be  consid- 
ered by  Congress. 
islftatlTfeifc!     That  all  persons  entitled  to  pensions  under  special  acts 
21I'ee  sec.  4720,  fixing  the  rate  of  such  pensions^  and  now  receiving  or 
Rspeciai-act  pen-  entitled  to  receive  a  less  pension  than  that  allowed  by  the 
sions  equalized.    generaj  pension  laws  under  like  circumstances,  are,  in 
lieu  of  their  present  rate  of  pension,  hereby  declared  to 
be  entitled  to  the  benefits  and  subject  to  the  limitations 
of  the  general  pension-laws,  entitled  "An  act  to  revise, 
consolidate,  and  amend  the  laws  relating  to  pensions," 
approved  March  third,  eighteen  hundred  and  seventy- 
three  ;  and  that  this  act  go  into  effect  from  and  after  its 
passage:  Provided,  That  this  act  shall  not  be  construed 
to  reduce  any  pension  granted  by  special  act. 

i8fflBt22JsSt  L5'     That  no  person  who  is  now  receiving  or  shall  hereafter 
176,0.349,  sec.  5!  receive  a  pension  under  a  special  act  shall  be  entitled  to 

Pension  under  .         .  ,.   . 

special  act  not  to  receive  in  addition  thereto  a  pension  under  the  general 

be  in  addition  to 

that  allowed  by  law   unless  the  special  act  expressly  states  that  the  pen- 
general  law,  ex-  ^         ,     ,  *\   .      J  .  f.  , 

<»?*•  sion  granted  thereby  is  in  addition  to  the  pension  which 

said  person  is  entitled  to  receive  under  the  general  law. 
35Jsctatf^'4'ioM'  That  when  an  additional  pension  has  been,  or  may  here- 
c'  AddTtionli  n'  a^  ter  be,  granted  by  special  act  to  a  widow  or  guardian 
011  account  of  a  helpless  child,  such  additional  pension 
sna^  ^n  no  w^se  a^ect  the  rate  of  pension  the  widow  may 
be  entitled  to  independent  of  such  additional  allowance. 


MISCELLANEOUS   STATUES,   AND  TABLES  OF  EATES.  135 


That  the  heads  of  department,  who  may  severally  (be) 
charged  with  the  administration  of  the  pension  laws  of  j  ja,  Pub. 
the  United  States  of  America,  be,  and  they  hereby  ai®, 
respectively,  directed  and  required,  as  soon  as  may  be 
af  ter  the  opening  of  each  session  of  Congress,  to  pre- 
sent  to  the  Senate  and  House  of  Representatives,  a  several 
list  of  such  persons,  whether  revolutionary,  invalid,  or 
otherwise,  as  shall  have  made  application  for  a  pension, 
or  an  increase  of  pension,  and  as,  in  their  opinion,  respec- 
tively, ought  to  be  placed  upon  the  pension  roll  or  other- 
wise provided  for,  and  for  doing  which  they  have  no 
sufficient  power  or  authority,  with  the  names  and  resi- 
dence of  such  persons,  the  capacity  in  which  they  served, 
the  degree  of  relief  proposed,  and  a  brief  statement  of 
the  grounds  thereof,  to  the  end  that  Congress  may  con- 
sider the  same. 

That  the  Secretary  of  the  Interior  be,  and  is  herebv,  , 

v    /  1, 

authorized  if  in  his  opinion  the  public  interests  will  npt-fj4-  of 
suffer  thereby,  upon  the  request  of  either  of  the  com-  p^ent01^  ?n- 
mittees  hereinafter  named,  to  detail  from  that  depart- 
ment  one  clerk  to  act  as  assistant  clerk  to  the  House  Com-  Ilouse- 
mittee  on  Pensions,  and  one  clerk  to  act  as  assistant 
clerk  to  the  House  Committee  on  Invalid  Pensions. 

No  money  on  account  of  pension  shall  be  paid  to  any 
person,  or  to  the  widow,  children,  or  heirs  of  any  deceased  sit|^  23  Mar 
person,  who  in  any  manner  voluntarily  engaged  in,  or 
aided  or  abetted,  the  late  rebellion  against  the  authority  ^2,  12  stat. 
of  the  United  States.1 

That  the  act  entitled  "An  act  amending  the  pension  27AsfatUL1'134o' 
law  so  as  to  remove  the  disability  of  those  who,  having  c-  pensions  to  soi' 


participated  in  the  rebellion,  have  since  its  termination    ersand  sate 
enlisted  in  the  Army  of  the  United  States,  and  become 
disabled,"  approved,  March  third,  eighteen  hundred  andinr'ebellion- 
seventy-seven,2  be,  and  the  same  is  hereby,  amended  so  as 
to  read  as  follows: 

"  That  the  law  prohibiting  the  payment  of  any  money 
on  account  of  pensions  to  any  person,  or  to  the  widow,  J^jf|;  sec- 
children,  or  heirs  of  any  deceased  person  who,  in  any  man- 

1  Limitation  imposed  by  sec.  4716,  R.  S.,  is  removed  in  specified  cases  by 
the  following  statutes  :  Act  Mar.  9,  1878,  20  Stat.  L.,  28,  c.  28,  sec.  5  ;  act 
Jan.  29,  1887,  24  Stat.  L.,  372,  c.  70,  sec.  5  ;  act  July  27,  1892,  27  Stat.  L., 
282,  c.  277,  c.  6  ;  act  Aug.  1,  1892,  27  Stat.  L.,  340,  c.  351  ;  act  Apr.  18, 
1900,  31  Stat.  L.,  136,  c.  244  ;  act  June  27,  1902,  32  Stat.  L.,  399,  c.  1156  ; 
joint  resolution  July  1,  1902,  32  Stat.  L.,  750,  pub.  res.,  42  ;  act  May  30, 
1908,  35  Stat.  L.,  553,  c.  230. 

2  Act  of  Mar.  3,  1877,  19  Stat.  L.,  403,  c.  120,  related  to  the  Army  only; 
act  of  Aug.  1,   1892,  extended  the  provisions  of  said  act  to  include  the 
Navy. 


136  ARMY  AND   NAVY   PENSIONS. 

ner,  engaged  in  or  aided  or  abetted  the  late  rebellion 

against  the  authority  of  the  United  States,  shall  not  be 

construed  to  apply  to  such  persons  as  afterward  volun- 

tarily enlisted  in  either  the  Navy  or  Army  of  the  United 

States,  and  who,  while  in  such  service,  incurred  disability 

from  a  wound  or  injury  received  or  disease  contracted  in 

the  line  of  duty." 

1902  ^sSi^ii     That  the  Act  approved  June  twenty-seventh,  eighteen 

IS'  fub'  Res'  42'  hundred  and  ninety,  entitled  "An  Act  granting  pensions 

ac^june^iS!^0  soldiers  and  sailors  who  are  incapacitated  for  the  per- 

se^.i47it6fR0ns.,rJformance  °f  manual  labor,  and  providing  for  pensions  to 

moved,  except—  wi(jOWSj  minor  children,  and  dependent  parents,"  is  con- 

strued and  held  to  include  all  persons  and  the  widows 

and  minor  children  of  all  deceased  persons,  subject  to  the 

limitations  of  said  act,  who  served  for  ninety  days  in  the 

military  or  naval  service  of  the  United  States  during  the 

late  war  of  the  rebellion,  and  who  have  been  honorably 

discharged  therefrom,  and  section  forty-seven  hundred 

and  sixteen,  Revised  Statutes  United  States,  is  amended  I 

men°tseetcln  Teg*~  accordingly  i  Provided,  however.  That  the  foregoing  shall 

not  apply  to  those  who  served  in  the  First,  Second,  Third,  | 

Fourth,  Fifth,  and  Sixth  Regiments  United  States  Vol- 

unteer Infantry  who  had  a  prior  service  in  the  Confed- 

erate army  or  navy  and  who  enlisted  in  said  regiments 

while  confined  as  prisoners  of  war  under  a  stipulation 

that  they  were  not  to  be  pensionable  under  the  laws  of 

the  United  States,1  nor  to  those  who,  having  had  such 

prior  service,  enlisted  in  the  military  or  naval  service  of 

the  United  States  after  the  first  day  of  January,  eighteen 

hundred  and  sixty-five. 

leoth72pe?sU)n     -^o  person  in  the  Army,  Navy,  or  Marine  Corps  shall 

fowef  ay  unless"  draw  both  a  pension  as  an  invalid  and  the  pay  of  his 

etAct   Apr.   so,  rank  or  station  in  the  service,  unless  the  disability  foi 

1844,  5  stat.  L.,  ^^h  the  pension  was  granted  be  such  as  to  occasion  his 


fi?,  employment  in  a  lower  grade,  or  in  the  civil  branch  of 


499;  sec.  5,  June  6,  +],„ 
1866,  14  Stat.  L.,  ine 
57,  and  act  Mar.  1, 1879,  20  Stat.  L.,  327. 

i89o!t26'stat.  L.',  Hereafter  no  officer  of  the  Army,  Navy  or  Marine 
^fficerViTre- Corps  on  the  retired  list  shall  draw  or  receive  any  pen- 
tttteVi?^:  sion  under  any 

^Under  date  of  Feb.  17,  1903,  the  Commissioner  of  Pensions  issued 
instructions  that  claims  for  pension  filed  by  persons  who  served  in  any 
of  the  six  regiments  above  named  shall  be  treated  the  same  as  the  claims 
of  those  persons  who  rendered  service  in  other  than  the  excepted  regi- 
ments, upon  the  ground  that  no  such  stipulation  as  named  in  the  resolu- 
tion, either  express  or  implied,  was  found  of  record  in  the  War 
Department. 


MISCELLANEOUS   STATUES,   AND   TABLES   OF   KATES.  137 


n;     *     *     *     And  provided  further,   That   hereafter 
pension  shall  be  allowed  or  paid  to  any  officer,  noncom-c-|*^^-o 
missioned  officer,  or  private  in  the  Army,  Navy,  or  Ma-  jge  nj!£ 
rine  Corps  of  the  United  States,  either  on  the  active  or 
retired  list. 

*  *     *     Provided,  That  hereafter  no  pension  shall  be 
allowed   or  paid  to   any   commissioned  officer,   warrant  3^r°- 
officer,  or  enlisted  man  in  the  Revenue-  Cutter  Service  ^^^1™  to 
either  on  the  active  or  retired  list. 

*  *     *     Provided,   That   any   pension   heretofore   or^^g^  £.', 
that  may  hereafter  be  granted  to  any  applicant  therefor  1Vemio"  not  to 
under  any  law  of  the  United  States  authorizing  the  grant-  J^pSS^mS 
ing  and  payment  of  pensions,  on  application  made  and  afternotice- 
adjudicated  upon,  shall  be  deemed  and  held  by  all  officers 

of  the  United  States  to  be  a  vested  right  in  the  grantee 
to  that  extent  that  payment  thereof  shall  not  be  withheld 
or  suspended  until,  after  due  notice  to  the  grantee  of  not 
less  than  thirty  days,  the  Commissioner  of  Pensions,  after 
hearing  all  the  evidence,  shall  decide  to  annul,  vacate, 
modify,  or  set  aside  the  decision  upon  which  such  pension 
was  granted.  Such  notice  to  grantee  must  contain  a  full 
and  true  statement  of  any  charges  or  allegations  upon 
which  such  decision  granting  such  pension  shall  be  sought 
to  be  in  any  manner  disturbed  or  modified. 

All  pensioners  whose  names  are  now  on  the  pension-    con'tSulnce  of 
roll  or  who  are  entitled  to  restoration  to  the  roll  under  g™™tocertain 
any  act  of  Congress,  shall  be  entitled  to  the  continuance 
of  such  pensions  under  the  provisions  and  limitations  of 
this  Title,  and  to  such  further  increase  of  pension  as  is 
herein  provided. 

The  provisions  of  law  which  allow  the  withholding  of  |eent?on?afe 
the  compensation  of  any  person  who  is  in  arrears  shall  g^  to  be  with- 
not  be  construed  to  authorize  the  pension  of  any  pensioner  18^ct5  ^J  L°' 
of  the  United  States  to  be  withheld.  3L  ' 

Whenever  satisfactory  proof  is  furnished  to  the  War  ffo^of'  5rt?fi- 
Department  that  any  noncommissioned  officer  or  private  ^Mar!  a^S^c.' 
soldier  who  served  in  the  Army  of  the  United  States  in  °'  l'  v'  17' 
the  late  war  against  the  rebellion  has  lost  his  certificate 
of  discharge,  or  the  same  has  been  destroyed  without  his 
privity  or  procurement,  the  Secretary  of  War  shall  be 
authorized  to  furnish,  on  request,  to  such  noncommis- 
sioned officer  or  private  a  duplicate  of  such  certificate  of 
discharge,  to  be  indelibly  marked,  so  that  it  may  be 
known  as  a  duplicate;  but  such  certificate  shall  not  be 


138  ARMY  AND   NAVY  PENSIONS. 

accepted  as  a  voucher  for  the  payment  of  any  claim 
against  the  United  States  for  pay,  bounty,  or  other  allow- 
ance, or  as  evidence  in  any  other  case. 

Act   May   15,      That*  the  Secretary  of  War  be,  and  is  hereby,  author- 
23,  c.  327.         '  ized  and  directed  to  furnish,  upon  their  several  applica- 

Missouri  Home    .  '      ^ 

GiMschar  es  to  ^lons  theref or,  a  certificate  of  discharge  to  each  and  every 
member  of  the  Missouri  Home  Guards  whose  claims  for 
pay  were  adjudicated  by  the  Hawkins-Taylor  Commis- 
sion, under  the  act  approved  March  twenty-fifth,  eighteen 
hundred  and  sixty-two,  and  the  several  acts  supplemen- 
tary thereto. 

i9K»ct36Jstnal  L!'     That  the  Act  entitled  "An  Act  ^  tne  relief  of  soldiers 


sailors  who  enlisted  or  served  under  assumed  names, 
and while  minors  or  otherwise,  in  the  army  or  navy,  during 
Navy.  "  the  war  of  the  rebellion,"  approved  April  fourteenth, 

eighteen  hundred  and  ninety,  be,,  and  the  same  is  hereby, 
amended  to  read  as  follows : 
tii£atesarge  cer"     "That  the  Secretary  of  War  and  the  Secretary  of  the 
Navy  be,  and  they  are  hereby,  authorized  and  required 
to  issue  certificates  of  discharge  or  orders  of  acceptance 
nam^of in  rson  °^  resignati°nj  upon  application  and  proof  of  identity,  in 
serving.  the  true  name  of  such  persons  as  enlisted  or  served  under 

assumed  names,  w7hile  minors  or  otherwise,  in  the  Army 
an^iarphmppkSan^  Navy  during  the  war  of  the  rebellion,  the  war  with 
addedrrectlon  Spain,  or  the  Philippine  insurrection,  and  were  honor- 
ably discharged  therefrom.    Applications  for  said  certifi- 
cates of  discharge  or  amended  orders  of  acceptance  of 
resignation  may  be  made  by,  or  on  behalf  of,  persons 
Restriction,      entitled  to  them;  but  no  such  certificate  or  order  shall 
be  issued  where  a  name  was  assumed  to  cover  a  crime  or 
to  avoid  its  consequence." 
Iitie2cnanged.       That  the  title  of  said  act  be  amended  so  as  to  read  as 
follows :  "An  act  for  the  relief  of  soldiers  and  sailors  who 
enlisted  or  served  under  assumed  names,  while  minors 
or  otherwise,  in  the  army  or  navy,  during  the  war  of 
the  rebellion,   the   war  with   Spain,   or  the   Philippine 

insurrection." 

> 

certainsoMiefs     No  soldier  or  sailor  shall  be  taken  or  held  to  be  a  de- 
^SSSd^serter  from  the  Army  or  Navy  who  faithfully  served  ac- 
8eAct8'  July   19,  cording  to  his  enlistment  until  the  nineteenth  day  of 
1867,  is  stat.  L.,  April,  eighteen  hundred  and  sixty-five,  and  who,  with- 
out proper  authority  or  leave  first  obtained,  quit  his  com- 
mand or  refused  to  serve  after  that  date;  but  nothing 
herein  contained  shall  operate  as  a  remission  of  any 


MISCELLANEOUS  STATUES,   AND  TABLES  OF  KATES.  139 

orfeiture  incurred  by  any  such  soldier  or  sailor  of  his 
>ension;  but  this  section  shall  be  construed  solely  as  a 
emoval  of  any  disability  such  soldier  or  sailor  may  have 
acurred  by  the  loss  of  his  citizenship  in  consequence  of 
is  desertion.1 

That  the  charge  of  desertion  now  standing  on  the  rolls  i&^^stai.  i^ 
nd  records  of  the  Navy  or  Marine  Corps  against  any^e'sTrt^on', 
ppointed  or  enlisted  men  of  the  Navy  or  Marine  Corps  c0arps.  or  Marme 
vho  served  in  the  late  war  may,  in  the  discretion  of  the 
ecretary  of  the  Navy,  be  removed  in  all  cases  where  it 
hall  be  made  to  appear  to  the  satisfaction  of  the  Secre- 
ary  of  the  Navy,  from  such  rolls  and  records  or  from 
ther  satisfactory  evidence,  that  any  such  appointed  or 
nlisted  man  served  faithfully  until  the  expiration  of 
is  term  of  enlistment,  or  until  the  first  day  of  May  Anno 
Domini  eighteen  hundred  and  sixty-five,  having  previ- 
usly  served  six  months  or  more,  or  was  prevented  from 
ompleting  his  term  of  service  by  reason  of  wounds  re- 
eived  or  disease  contracted  in  the  line  of  duty,  but  who, 
>y  reason  of  absence  from  his  command  at  the  time  he 
Became  entitled  to  his  discharge,  failed  to  be  mustered 
ut  and  to  receive  a  discharge  from  the  service:  Pro- 
ided,  That  no  such  appointed  or  enlisted  man  shall  be 
elieved  under  this  section  who,  not  being  sick  or 
wounded,  left  his  command,  without  proper  authority, 
vhile  the  same  was  in  presence  of  the  enemy. 

That  the  Secretary  of  the  Navy  is  hereby  authorized    charge1^,  how 
o  remove  the  charge  of  desertion  standing  on  the  rolls to  be  removed- 
r  records  of  the  Navy  or  Marine  Corps  against  any 
ppointed  or  enlisted  man  of  the  Navy  or  Marine  Corps 
yho  served  in  the  late  war,  in  all  cases  where  it  shall 
>e  made  to  appear,  to  the  satisfaction  of  the  Secretary 
f  the  Navy,  from  such  rolls  or  from  other  satisfactory 
vidence,  that  such  appointed  or  enlisted  man  charged 
pith  desertion  or  with  absence  without  leave,  after  such 
harge  of  desertion  or  absence  without  leave,  and  with- 
n  a  reasonable  time  thereafter,  voluntarily  returned  to 
nd  served  in  the  line  of  his  duty  until  he  was  mustered 
out  of  the  service,  and  received  a  certificate  of  discharge 
therefrom,  or,  while  so  absent,  and  before  the  expiration 
of  his  term  of  enlistment,  died  from  wounds,  injury,  or 
disease  received  or  contracted  in  the  service  and  in  the 
line  of  duty. 

1  See  Sec.  2,  joint  resolution,  July  1,  1902,  and  joint  resolution,  June  28, 
1906.,   p.   146. 


140 


ARMY  AND   NAVY  PENSIONS. 


vious  service. 


certificate 


That  the  charge  of  desertion  now  standing  on  the  roll 
•or  records  of  the  Navy  or  Marine  Corps  against  an 
appointed  or  enlisted  man  of  the  Navy  or  Marine  Corp 
who  served  in  the  late  war,  by  reason  of  his  having 
listed  at  any  station  or  on  board  of  any  vessel  of  th 
Navy  without  having  first  received  a  discharge  fror 
the  station  or  vessel  in  wrhich  he  had  previously  servec 
shall  be  removed  in  all  cases  wherein  it  shall  be  mad 
to  appear  to  the  satisfaction  of  the   Secretary  of  th 
Navy  from  such  rolls  and  records,  or  from  other  satis 
factory  testimony,  that  such  reenlistment  was  not  mad 
for  the  purpose  of  securing  bounty  or  other  gratuity  tha 
he  would  not  have  been  entitled  to  had  he  remained  unde 
his  orginal  term  of  enlistment :  Provided,  That  no  ap 
pointed  or  enlisted  man  shall  be  relieved  under  this  ac 
who,  not  being  sick  or  wounded,  left  his  command  with 
out  proper  authority  while  the  same  was  in  presence  o:| 
the  enemy,  or  who,  at  the  time  of  leaving  his  command 
was  in  arrest  or  under  charges,  or  in  whose  case  th< 
period  of  absence  from  the  service  exceeded  three  months 
of     That  in  all  cases  where  the  charge  of  desertion  shal 
be  removed  under  the  provisions  of  this  act  from  th( 
record  of  any  appointed  or  enlisted  man  of  the  Navy  01 
Marine  Corps  who  has  not  received  a  certificate  of  dis 
charge  it  shall  be  the  duty  of  the  Secretary  of  the  Navj 
to  issue  to  such  appointed  or  enlisted  man,  or  in  case 
his  death,  to  his  heirs  or  legal  representatives,  a  certificate 
of  discharge. 

That  when  the  charge  of  desertion  shall  be  remove< 
ty;ttiose entitled,  under  the  provisions  of  this  act  "from  the  record  of  an; 
appointed  or  enlisted  man  of  the  Navy  or  Marine  Corps 
such  man,  or,  in  case  of  his  death,  the  heirs  or  legal  repi 
sentatives  of  such  man,  shall  receive  all  pay  and  bounty 
which  may  have  been  withheld  on  account  of  such  charge 
of  desertion  or  absence  without  leave :  Provided,  however, 
That  this  act  shall  not  be  so  construed  as  to  give  to  any 
such  man  as  may  be  entitled  to  relief  under  the  provisions 
of  this  act,  or,  in  case  of  his  death,  to  the  heirs  or  legal 
representatives  of  any  such  man,  the  right  to  receive  pay 
and  bounty  for  any  period  of  time  during  which  such 
man  was  absent  from  his  command  without  leave  of 
Period  of  less  absence:  And  provided  further,  That  no  appointed  or  en- 

than  six  months'    .  ^ 

service  not  enti-  listed  man,  nor  the  heirs  or  legal  representatives  of  any 
such  man,  who  served  in  the  Navy  or  Marine  Corps  a 
period  of  less  than  six  months  shall  be  entitled  to  the 


sec.  5,  id. 

Pay  and  boun- 


« 


o.  sso,  sec. 


24, 
' 


Ma' 


MISCELLANEOUS   STATUES,   AND   TABLES   OF   KATES.  141 

nefit  of  the  provisions  of  this  act:  And  provided  fur- 
r,  That  all  applications  for  relief  under  this  act  shall 
made  to  and  filed  with  the  Secretary  of  the  Navy    Limitation. 
'Pjftdthin  the  period  of  five  years  from  and  after  its  passage, 
and  all  applications  not  so  made  and  filed  within  the  said 
;erm  of  five  years  shall  be  forever  barred,  and  shall  not 
1t>e  received  or  considered. 

That  all  acts  and  parts  of  acts  inconsistent  with  the 
)rovisions  of  this  act  are  hereby  repealed. 

That  chapter  eight  hundred  and  ninety,  volume  twenty  - 
ive,  of  the  United  States  Statutes  at  Large,  entitled 
'An  Act  to  relieve  certain  appointed  or  enlisted  men  of 
;he  Navy  and  Marine  Corps  from  the  charge  of  deser- 
ion,"   approved   August   fourteenth,   eighteen  hundred 
md  eighty-eight,  be,  and  the  same  is  hereby,  revived 
•eenacted. 
That  section  five  of  the  said  act  be,  and  is  hereby,  so    sec.2,id. 

,.      .        .  '    .  .  ,  .         i  •  i       Limitation  as  to 

imended  as  to  remove  the  limitation  of  time  within  which  filing  claims  re- 
ipplications  for  relief  may  be  received  and  acted  upon 
mder  the  provisions  of  said  act. 

That  the  charge  of  desertion  now  standing  on  the  rolls  18^9f25  ftaart.  L2.! 
md  records  in  the  office  of  the  Adjutant  General  of  the  86^ 
Dnited  States  Army  against  any  soldier  who  served  in: 
;he  late  war  in  the  volunteer  service  shall  be  removed  in 
ill  cases  where  it  shall  be  made  to  appear  to  the  satis- 
faction of  the  Secretary  of  War,  from  such  rolls  and 
records,  or  from  other  satisfactory  testimony,  that  such 
soldier  served  faithfully  until  the  expiration  of  his  term 
f  enlistment,  or  until  the  first  day  of  May,  anno  domini 
ighteen  hundred  and  sixty-five,  having  previously  served 
six  months  or  more,  and,  by  reason  of  absence  from  his 
command  at  the  time  the  same  was  mustered  out,  failed 
be  mustered  out  and  to  receive  an  honorable  discharge, 
or  that  such  soldier  absented  himself  from  his  command, 
or  from  hospital  while  suffering  from  wounds,  injuries, 
or  disease  received  or  contracted  in  the  line  of  .duty  and 
was  prevented  from  completing  his  term  of  enlistment 
r  reason  of  such  wounds,  injuries,  or  disease. 
That  the  Secretary  of  War  is  hereby  authorized  to  re- 
move the  charge  of  desertion  from  the  record  of  any  reg-  proof' 
ular  or  volunteer  soldier  in  the  late  war  upon  proper 
pplication  therefor,  and  satisfactory  proof  in  the  fol- 
lowing cases: 

First.  That  such  soldier,  after  such  charge  of  desertion    Returntoduty- 
was  made,  and  within  a  reasonable  time  thereafter,  vol- 


v°lun" 


142  ARMY  AND   NAVY  PENSIONS. 

untarily  returned  to  his  command  and  served  faithfulb 
to  the  end  of  his  term  of  service,  or%  until  discharged. 

Second.  That  such  soldier  absented  himself  from  hi: 
command  or  from  hospital  while  suffering  from  wounds 
injuries,  or  disease  received  or  contracted  in  the  line  o: 
duty,  and  upon  recovery  voluntarily  returned  to  his 
command  and  served  faithfully  thereafter,  or  died  fron 
such  wounds,  injuries,  or  disease  while  so  absent,  and  be 
fore  the  date  of  muster  out  of  his  command,  or  expiratior 
of  his  term  of  service,  or  was  prevented  from  so  return 
ing  by  reason  of  such  wounds,  injuries,  or  diseases  before 
such  muster  out  or  expiration  of  service, 
order  Third.  That  such  soldier  was  a  minor,  and  was  enlistee 
without  the  consent  of  his  parent  or  guardian,  and  was 

i89r2a6Clteta.rL2,'  released  or  discharged  from  such  service  by  the  order  01 
decree  of  any  court  of  competent  jurisdiction  on  habea 
corpus  or  other  proper  judicial  proceedings;  and  in  an} 
such  case  no  pay,  allowance,  bounty,  or  pension  shall  b< 
allowed  or  granted. 
Removal  of  That  the  charge  of  desertion  now  standing  on  the  rolls 

dtearrfeeni&?01"and  records  in  the  office  of  the  Adjutant  General  of  the 
Army  against  any  regular  or  volunteer  soldier  whc 
served  in  the  late  war  of  the  rebellion  by  reason  of  his 
having  enlisted  in  any  regiment,  troop,  or  company,  or  ir 
the  United  States  Navy  or  Marine  Corps,  without  having 
first  received  a  discharge  from  the  regiment,  troop,  01 
company  in  which  he  had  previously  served,  shall  be  re- 
moved in  all  cases  wherein  it  shall  be  made  to  appear  tc 
the  satisfaction  of  the  Secretary  of  War,  from  such  rolls 
and  records,  or  from  other  satisfactory  testimony,  that 
such  reenlistment  was  not  made  for  the  purpose  of  secur- 
ing bounty  or  other  gratuity  that  he  would  not  have  beer 
entitled  to,  had  he  remained  under  his  original  term  of  en- 
Limitation.  listment;  that  the  absence  from  the  service  did  not  exceed 
four  months;  and  that  such  soldier  served  faithfully 
under  his  reenlistment. 
Return1  to  duty  That  whenever  it  shall  appear  from  the  official  records 

without  trial,  etc.  in   the  office   of  the  Adjutant   General,   United   States 

Army,  that  any  regular  or  volunteer  soldier  of  the  late 
war  was  formally  restored  to  duty  from  desertion  by  the 
Commander  competent  to  order  his  trial  for  the  offense, 
or,  having  deserted  and  being  charged  with  desertion, 
was,  on  return  to  the  service,  suffered,  without  such  for- 
mal restoration,  to  resume  his  place  in  the  ranks  of  his 
command,  serving  faithfully  thereafter  until  the  expira- 


MISCELLANEOUS   STATUES,   AND   TABLES   OF   KATES. 


143 


war 
applica" 


(ion  of  his  term,  such  soldier  shall  not  be  deemed  to  rest 
inder  any  disability  because  of  such  desertion  in  the 
jrosecution  of  any  claim  for  pension  on  account  of  dis-Jj^f     pension 
,sase  contracted  or  wounds  or  injuries  received  in  the  line 
)f  his  duty  as  a  soldier. 
That  when  the  charge  of  desertion  shall  be  removed    peayld'and 

ider  the  provisions  of  this  act  from  the  record  of  anybount7< 
^oldier,  such  soldier,  or,  in  case  of  his  death,  the  heirs 
>r  legal  representatives  of  such  soldier,  shall  receive  the 
|>ay  and  bounty  due  to  such  soldier:  Provided,  however,  w]Jne 

"hat  this  act  shall  not  be  so  construed  as  to  give  to  any  ^thou*  leave. 
[uch  soldier,  or,  in  case  of  his  death,  to  the  heirs  or  legal 

ipresentatives  of  any  such  soldier,  any  pay,  bounty,  or 
illowance  for  any  time  during  which  such  soldier  was 
ibsent  from  his  command  without  proper  authority  ;  nor 
^hall  it  be  so  construed  as  to  give  any  pay,  bounty,  or 
illowance  to  any  soldier,  his  heirs  or  legal  representa- 
[ives,  who  served  in  the  Army  a  period  of  less  than  six 

tenths. 

That  the  Secretary  of  War  be,  and  he  hereby  is,  author-          '' 
zed  and  directed  to  amend  the  military  record  of  any 
poldier  who   enlisted   for   the   war   with   Mexico,   upon 
>roper  application,  where  the  rolls  and  records  of  the 

Adjutant  General's  office  show  the  charge  of  desertion 

gainst  him,  when  such  rolls  and  records  show  the  facts 

it  out  in  the  following  cases  : 

First  :  That  said  soldier  served  faithfully  the  full  term  .J^gth  of  serv- 
>f  his  enlistment,  or  having  served  faithfully  for  six 
nonths  or  more,  and  until  the  fourth  day  of  July  anno 
lomini  eighteen  hundred  and  forty-eight,  left  his  corn- 

land  without  having  received  a  discharge. 
Second.  That  such  soldier,  after  said  charge  of  de-  tu™untary   re" 

irtion  was  entered  on  the  rolls,  voluntarily  returned  to 
us  command  within  a  reasonable  time  and  served  faith- 
!ully  until  discharged. 

That  the  provisions  of  this  act  shall  not  be  so  con- 
strued  as  to  relieve  any  soldier  from  the  charge  of  de- 
sertion who  left  his  command  from  disaffection  or  dis- 
loyalty to  the  Government,  or  to  evade  the  dangers  and 
hardships  of  the  service,  or  whilst  in  the  presence  of  the 
'nemy  (not  being  sick  or  wounded),  or  while  in  arrest  or 
under  charges  for  breach  of  military  duty,  or  in  case  of  a 
soldier  of  the  Mexican  War,  who  did  not  actually  reach 
:he  seat  of  war. 


144  ARMY   AND    NAVY   PENSIONS. 

Muitarid  record     That  when  such  charge  of  desertion  is  removed  undei 

h0onroerCabfe  dis*-  ^e  provisions  °f  this  act,  the  soldier  shall  be  restored  tc 

charge  issued.      a  status  of  honorable  service,  his  military  record  shall  b( 

corrected  as  the  facts  may  require,  and  an  honorable  dis 

charge  shall  be  issued  in  those  cases  where  the  soldier  ha* 

received  none;  and  he  shall  be  restored  to  all  his  right* 

Pensions.  as  to  pension,  pay,  or  allowances  as  if  the  charge  of  deser 
tion  had  never  been  made;  and  in  case  of  the  death  01 
said  soldier,  his  widow  or  other  legal  heir  shall  be  en 
titled  to  the  same  rights  as  in  case  of  other  deceased  hon 

NO  pay  while  orablv  discharged  soldiers  :  Provided.  That  this  act  shal 

absent. 

not  be  construed  to  give  to  any  soldier,  or  his  legal  repre 
sentatives  or  heir,  any  pay  or  allowance  for  any  perioc 
of  time  he  was  absent  without  leave,  and  not  in  the  per 
formance  of  military  duty. 

That  all  applications  for  relief  under  this  act  shall  b 
.  ma(je  to  and  filed  with  the  Secretary  of  War  within  th 
|  period  of  three  years  from  and  after  July  first,  eighteer 
i895,a28dstat.r*L2;  hundred   and   eighty-nine,   and   all   applications  not  s 
made  and  filed  within  said  term  of  three  years  shall  b 
forever  barred,  and  shall  not  be  received  or  considered. 
Repe3f.ld*  That  all  acts  and  parts  of  acts  inconsistent  with  th 

provisions  of  this  act  are  hereby  repealed. 

i8wc<26  &tat.  I,2,'     That  subdivision  three  of  section  two  of  the  above  en 
824,  c.  498.          titled  act  be,  and  the  same  is,  amended  so  as  to  read  a* 

follows  : 

ordlr     "  Third.  That  such  soldier  was  a  minor,  and  was  en 
listed  without  the  consent  of  his  parent  or  guardian,  anc 


was  released  or  discharged  from  such  service  by  the  ordei 
or  decree  of  any  State  or  United  States  court  on  habeas 
corpus  or  other  judicial  proceedings,  and  in  such  case  suet 
soldier  shall  not  be  entitled  to  any  bounty  §  or  allowance 
or  pay  for  any  time  such  soldier  was  not  in  the  perform 
ance  of  military  duty." 

iswfwfififc  il;      That  section  nine  of  the  act  for  the  relief  of  certair 
27Desert?on.        volunteer  and  regular  soldiers  of  the  late  war  and  th< 
9!  war  with.  Mexico,  passed  March  second,  anno  Domini 
eighteen  hundred  and  eighty-nine,  be,  and  the  same  is 
Limitation    as  hereby,  so  amended  as  to  extend  the  time  for  the  limita 

to  filing  applica-  J  '  .  ,. 

tion  for  removal,  tion  of  the  operation  of  said  section  for  the  period  of  tw( 
years  from  the  first  of  July,  eighteen  hundred  and  ninety 
two. 

is4ct28  &tat  L2'     That  section  nine  of  the  act  for  the  relief  of  certair 

81De^ertion        volunteer  and  regular  soldiers  of  the  late  war  and  the 

war  with  Mexico,  approved  March  second,  eighteen  hun- 


MISCELLANEOUS   STATUES,   AND  TABLES   OF   KATES.  145 

and  eighty-nine,  be,   and   the  same  is  hereby,  so 
amended  as  to  remove  the  limitation  of  time  within  which  niu^cfa^ms  re- 
applications  for  relief  may  be  received  and  acted  uponmoved- 
under  the  provisions  of  said  act.1 

That  in  time  of  war  the  pay  proper  of  enlisted  men  ig^faoltat  £6' 
shall  be  increased  twenty  per  centum  over  and  above  the  ^^sertiorf0'  in 
rates  of  pay  as  fixed  by  law :  Provided,  That  in  war  time  jyjjf  pension.  f°r" 
no  additional  increased  compensation  shall  be  allowed  to 
soldiers  performing  what  is  known  as  extra  or  special  , 

duty:  Provided  further,  That  any  soldier  who  deserts 
shall,  besides  incurring  the  penalties  now  attaching  to 
;he  crime  of  desertion,  forfeit  all  right  to  pension  which 
le  might  otherwise  have  acquired. 

That  section  six  of  the  act  entitled  "An  act  for  the  t  ^ctuK  ¥*y  ll> 

1908,  35  btat.  iv., 

>etter  organization  of  the  line  of  the  Army  of  the  United  110> c- 163>  Part- 
States,"  approved  April  twenty-sixth^  eighteen  hundred 
md  ninety-eight,  be  amended  so  as  to  read  as  follows : 
"  SEC.  6.  That  any  soldier  who  deserts  shall,  besides    Penalty  for  de- 

J .  sertion. 

ncurrmg  the  penalties  now  attaching  to  the  crime  of 
iesertion,  forfeit  all  right  to  pension  which  he  might 
otherwise  have  acquired." 
That  nothing  herein  contained  shall  be  construed  so  as    Present     pay, 

etc.,  not  reduced. 

,o  reduce  the  pay  or  allowances  now  authorized  by  law 

for  any  officer  or  enlisted  man  of  the  Army ;  and  all  laws 

?r  parts  of  laws  inconsistent  with  the  provisions  of  this    Repeai. 

ict  are  hereby  repealed. 

That  in  all  laws  approved  during  the  Sixty-first  Con-  Fe^^i^n!™? 
*ress  having  for  their  object  the  removal  of  disabilities  public  resolution 
accruing  from  defective  records  in  the  military  or  naval 13 
service  of  the  United  States,  the  words  "Provided,  That, 
other  than  as  above  set  forth,  no  bounty,  pay,  pension,  record  of  certain 

,,  ,  ,     ,,  .  .soldiers  and  sail- 

or  other  emolument  shall  accrue  prior  to  or  by  reason  of  ors. 
the  passage  of  this  Act  "  shall  not  prohibit  or  prevent  the 
granting  of  a  pension  on  an  application  made  after  the 
approval  of  this  Act,  and  accruing  only  from  the  date  of 
said  application. 

The  period  of  service  of  all  persons  entitled  to  the    f>eatt'01wheSn 
>enefits   of  the  pension-laws,   or  on   account  of  whose  Ss0.6 
death  any  person  may  become  entitled  to  a  pension,  shall  i873^i77'stat.r'L3' 
)e  construed  to  extend  to  the  time  of  disbanding  the  or-  f^ 
ganization  to  which  such  persons  belonged,  or  until  their  57' 

1  Prior  laws  as  to  removal  of  the  charge  of  desertion  standing  against 
Volunteers  and  Regulars  serving  during  the  Civil  War  were  enacted  Aug. 
7,  1882,  22  Stat.  L.,  347  ;  July  5,  1884,  23  Stat.  L.,  119  ;  and  May  17,  1886, 
24  Stat.  L.,  51,  and  reenacted  in  act  Mar.  2.  1889. 

8001°— 12 11 


146  ARMY  AND    NAVY   PENSIONS. 

actual  discharge  for  other  cause  than  the  expiration  of'the 
service  of  such  organization. 

juJoint  ^solution     That  ^  the  ^ministration  of  the  pension  laws  any 
ncare^oiSn^l42;  enlisted  man  of  the  Army,  including  regulars,  volun- 
teers, and  militia,  or  any  appointed  or  enlisted  man  of  the 
dischar1?"0^^^3^^  or  Marine  Corps,  who  was  honorably  discharged 
ems,  provided-  frOm  the  last  contract  of  service  entered  into  by  him  dur- 
ing the  late  war  of  the  rebellion,  shall  be  held  and  consid- 
ered to  have  been  honorably  discharged  from  all  similar 
contracts  of  service  previously  entered  into  by  him  with 
e  United  States  during  said  war:  Provided,  That  such 
etc>'  te  enlisted  or  appointed  man  served  not  less  than  six  months 
under  said  last  enlistment  or  appointment,  that  his  entire 
service  under  said  last  enlistment  or  appointment  was 
faithful,  and  that  he  did  not  receive  by  reason  of  said  last 
enlistment  or  appointment  any  bounty  or  gratuity  other  j 
than  from  the  United  States  in  excess  of  that  to  which  he 
would  have  been  entitled  if  he  had  continued  to  serve 
faithfully  until  honorably  discharged  under  any  contract 
of  service  previously  entered  into  by  him,  either  in  the 
Army,  Navy,  or  Marine  Corps,  during  the  war  of  the 
rebellion. 

That  section  two  of  joint  resolution  approved  July 
stat.  L.,  836,  NO.  firsf^  nineteen  hundred  and  two,  be  amended  to  read  as 


Disability,  etc.,  f   ]|o     q. 
pensions. 

Eflect2'opf'  aSai     "  SEC.  2.  That  in  the  administration  of  the  pension  laws 

ch°a?ge.rabledis~any  enlisted  man  or  commissioned  officer  of  the  Army, 

oflfce:Jsmded     to  including  regulars,  volunteers,  and  militia,  or  any  ap- 

amended.'  p'  75°'  pointed  or  enlisted  man  or  commissioned  officer  of  the 

Navy  or  Marine  Corps,  who  was  honorably  discharged 

from  any  subsequent  contract  of  service  entered  into  by 

him  during  the  late  war  of  the  rebellion,  shall  be  held 

and  considered  to  have  been  honorably  discharged  from 

all  previous  contracts  of  service  as  commissioned  officer 

or  enlisted  man  previously  entered  into  by  him  with  the 

subsequent  en-  United   States  during  said  war:  Provided,  That  such 

ustments,  etc.     enlisted  or  appointed  man  or  commissioned  officer  served 

not  less  than  six  months  under  any  subsequent  enlist- 

ment, appointment,  or  commission  ;  that  his  entire  service 

under  any  said  subsequent  enlistment,  appointment,  or 

commission  was  faithful,  and  that  he  did  not  receive  by 

reason  of  said  enlistment,  appointment,  or  commission 

any  bounty  or  gratuity  other  than  from  the  United  States 

in  excess  of  that  to  which  he  would  have  been  entitled 


MISCELLANEOUS   STATUES,   AND   TABLES   OF   KATES.  147 

if  he  had  continued  to  serve  faithfully  until  honorably 
discharged    under    any    contract    of   service   previously 
entered  into  by  him,  either  in  the  Army,  Navy,,  or  Marine 
Corps,  during  the  war  of  the  rebellion. 
That  all  officers  and  enlisted  men  of  the  Volunteer  1c4ct™4?r;  ?2' 

loVfo,   oU   btSt.    .Lrf., 

Army,  and  of  the  militia  of  the  States  when  in  the  service 

the  United  States,  shall  be  in  all  respects  on  the  same}2rsWar 
footing  as  to  pay,  allowances,  and  pensions  as  that  of 
officers  and  enlisted  men  of  corresponding  grades  in  the 
Kegular  Army. 

No  master,  mate,  pilot,  or  engineer  of  steam  --ct^ay  -8j 


L., 

vessels  licensed  under  title  fifty-two  of  the  Revised  Stat-  paV' 255>  sec' 2' 
ites  shall  be  liable  to  draft  in  time  of  War,  except  ior  rinees^dce."ma" 
;he  performance  of  duties  such  as  required  by  his  license;  q/steam  Sve  3 
and,  while  performing  such  duties  in  the  service  of  the  §S%f  war?"  m 
Jnited  States,  every  such  master,  mate,  pilot,  or  engineer 
shall  be  entitled  to  the  highest  rate  of  wages  paid  in  the 
nerchant  marine  of  the  United  States  for  similar  serv- 
ces;  and  if  killed  or  wounded  while  performing  such  w^Jj.oned   for 
duties  under  the  United  States,  they,  or  their  heirs,  or 
heir  legal  representatives  shall  be  entitled  to  all  the 
privileges  accorded  to  soldiers  and  sailors  serving  in  the 
Army  and  Navy,  under  the  pension  laws  of  the  United 
States. 

That  all  persons  who,  under  and  by  virtue  of  the  first  18f9f 2o  ftS  L1' 
section  of  the  act  entitled  "An  act  supplementary  to  the  32pensioners    m 
several  acts  relating  to  pensions,"  approved  March  third,  to^payrSni  bS 
ighteen  hundred  and  sixty-five,  were  deprived  of  their  moved!  ° n    re" 
tensions  during  any  portion  of  the  time  from  the  third  s^Sf^ia'ltat 
of  March,  eighteen  hundred  and  sixty-five,  to  the  sixth  j'une^'S,  u 
of  June,  eighteen  hundred  and  sixty-six,  by  reason  of  f^J;  R'/s.57' S00' 
heir  being  in  the  civil  service  of  the  United  States,  shall 
>e  paid  their  said  pensions,  withheld  by  virtue  of  said 
section  of  the  act  aforesaid,  for  and  during  the  said 
period  of  time  from  the  third  of  March,  eighteen  hun- 
dred and  sixty-five,  to  the  sixth  of  June,  eighteen  hun- 
Ired  and  sixty-six. 


148  ARMY   AND   NAVY   PENSIONS. 

TABLES  OF  RATES. 

TABLE  I. — For  simple  total  (a  disability  equivalent  to  the  anchylosis  of  a  ivrist) 
provided  ~by  section  4695,  Revised  Statutes,  United  States. 

ARMY. 

Per  month. 

Lieutenant-colonel  and  all  officers  of  higher  rank $30.00 

Major,  surgeon,  and  paymaster 25.00 

Captain,  provost-marshal,  and  chaplain 20.  00 

First  lieutenant,  assistant  surgeon,  deputy  provost-marshal,  and  quarter- 
master    17. 00 

Second  lieutenant  and  enrolling  officer 15.  00 

All  enlisted  men _ 8.00 

NAVY   AND   MARINE   CORPS. 

Captain,  and  all  officers  of  higher  rank,  commander,  lieutenant-command- 
ing, and  master  commanding,  surgeon,  paymaster,  and  chief  engineer 
ranking  with  commander  by  law,  lieutenant-colonel,  and  all  of  higher 
rank  in  Marine  Corps 30.00 

Lieutenant,  passed  assistant  surgeon,  surgeon,  paymaster,  and  chief 
engineer  ranking  with  lieutenant  by  law,  and  major  in  Marine  Corps_  25.  00 

Master  (now  lieutenant),  professor  of  mathematics,  assistant  surgeon, 

paymaster,  and  chaplain,  and  captain  in  Marine  Corps 20.  00 

First  lieutenant  in  Marine  Corps 17.  00 

First  assistant  engineer,  ensign,  and  pilot,  and  second  lieutenant  in 
Marine  Corps 15.00 

Cadet  midshipmen,  passed  midshipmen,  midshipmen  (now  ensigns), 
clerks  of  admirals,  of  paymasters,  and  of  officers  commanding  vessels, 
second  and  third  assistant  engineers,  master's  mate,  and  warrant 
officers  10.00 

All  enlisted  men,  except  warrant  officers 8. 00 


MISCELLANEOUS   STATUES,   AND   TABLES   OF   BATES.  149 


s    • 

:  :»       8 

i  i§    1 

• 

j 

i  Seventy-two  dollars  from  June  17,  1878,  only  where  the  rate  was  $50,  under  act  of  June  18,  1874,  and  granted  to  date  prior  to  June  16,  1880.  First  grade  proper  is  $50,  amended 
by  act  March  4,  1890,  which  increases  rate  to  $72. 

a  c*    • 

^S  I"H 

:8  :        :g 
:S  i        :S 

88            8 

O              CO                          tf 

g 

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8 

8    88 

8    $% 

S-co 

i  j  j        j 

8 

£3  "** 

• 

8 

Ijl 

g 

; 

:         ; 

l| 

$100.00 

S^oo 

8 

i 

E'*  ' 

88            88    8 

88 

I|l 

• 

§ 

j 

j  i 

geo~   . 

8       8 

S!               CO 

88       i 

8 

0 
CO 

• 

lii 

S 
I 

t-9 

8E 

<NCV 

8       8 

<N          e^i 

8 

E  c5  • 

j 

i        '.s. 

8 

|p 

888       8 

000             0 
IO  1O  lO               IQ 

8 

8 

8 

Ift 

888       888       8 

CO  CO  CO               CO  <N  >-!               ,-1 

8    i 

?88    8    88       888 

§ 

- 

cd" 

Hj  ^ 

i       8  JS      8 
i       8  ii2       ^ 

8    888;    8    §8      888 

I|l 

i      s 

I|i 

ss 
as 

8           i 
8           j 

Disabilities 

At 

ll 
'o'c 

li 

Loss  of  sight  of  both  eyes  
Loss  of  sight  of  one  eye,  the 
sight  of  the  other  having 
been  lost  before  enlistment  .  . 
Loss  of  one  hand  and  one  foot. 
Loss  of  a  hand  or  a  foot  
Loss  of  an  arm  at  or  above  the 
elbow  or  a  leg  at  or  above 

tho  L-noo 

ijjtlsl 

Loss  of  leg  at  hip  joint  
Loss  of  an  arm  at  shoulder 

ilJ'S   a 

ij&a  A 

!  'o  o  o      o 

lity  inarm  or  leg., 
quivalent  to  the 
nd  or  a  foot  (third 

Incapacity  to  perform  manual 
labor  (second  grade)  
Regular  aid  and  attendance 
(first  grade)  i  
Frequent  and  periodical,  not 
constant,  aid  and  attend- 
ance (intermediate  grade)... 

Tnt.nl  dpnfnp<j« 

i 

Total  disabi 
Disability  € 
loss  of  a  ha 

o•^or^o^ 

150  ARMY   AND   NAVY   PENSIONS. 

TABLE  III. — Rates  fixed  by  tlic  Commissioner  of  Pensions  for  certain  disabilities 

not  specified  ~by  law. 

Per  month. 

Anchylosis  of  shoulder _  $12.00 

Anchylosis  of  elbow 10.  00 

Anchylosis  of  knee 10.  00 

Anchylosis  of  ankle S.  00 

Anchylosis  of  wrist 8.00 

Loss  of  sight  of  one  eye 12.00 

Loss  of  one  eye 17.  00 

Nearly  total  deafness  of  one  ear 6.00 

Total  deafness  of  one  ear 10.  00 

Slight  deafness  of  both  ears 6.  00 

Severe  deafness  of  one  ear  and  slight  of  the  other 10.  00 

Nearly  total  deafness  of  one  ear  and  slight  of  the  other__  15.  00 

Total  deafness  of  one  ear  and  slight  of  the  other 20.  00 

Severe  deafness  of  both  ears 22.00 

Total  deafness  of  one  ear  and  severe  of  the  other 25.  00 

Deafness  of  both  ears  existing  in  a  degree  nearly  total 27.00 

Loss  of  palm  of  hand  and  all  the  fingers,  the  thumb  remaining—  17.  00 

Loss  of  thumb,  index,  middle,  and  ring  fingers •_ 17.  00 

Loss  of  thumb,  index,  and  middle  fingers 16.00 

Loss  of  thumb  and  index  finger 12.00 

Loss  of  thumb  and  little  finger 10.  00 

Loss  of  thumb,  index,  and  little  fingers 16.  00 

Loss  of  thumb 8.00 

Loss  of  thumb  and  metarcarpal  bone 12.00 

Loss  of  all  the  fingers,  thumb  and  palm  remaining 16.  00 

Loss  of  index,  middle,  and  ring  fingers 16.00 

Loss  of  middle,  ring,  and  little  fingers 14.00 

Loss  of  index  and  middle  fingers : 8.00 

Loss  of  little  and  middle  fingers 8. 00 

Loss  of  little  and  ring  fingers 6.  00 

Loss  of  ring  and  middle  fingers 6.  00 

Loss  of  index  and  middle  fingers 6.00 

Loss  of  index  finger 4.00 

Loss  of  any  other  finger  without  complications—.  2.  00 

Loss  of  all  the  toes  of  one  foot i 10.  00 

Loss  of  great,  second,  and  third  toes 8.00 

Loss  of  great  toe  and  metatarsal 8.00 

Loss  of  great  and  second  toes 8.  00 

Loss  of  great  toe 6.00 

Loss  of  any  other  toe  and  metatarsal 6.  00 

Loss  of  any  other  toe 2.00 

Chopart's  amputation  of  foot,  with  good  results 14.00 

Pirogoff's  modification  of  Syme's 17.00 

Small  varicocele 2.  00 

Well-marked  varicocele 4. 00 

Inguinal  hernia,  which  passes  through  the  external  ring 10.  00 

Inguinal  hernia,  which  does  not  pass  through  the  external  ring 6.  00 

Double  inguinal  hernia,  each  of  which  passes  through  the  external  ring_  14.  00 
Double  inguinal  hernia,  one  of  which  passes  through  the  external  ring 

and  other  does  not 12.00 

Double  inguinal  hernia,  neither  of  which  passes  through  the  external  ring-  8.  00 

Femoral  hernia _  10.00 


MISCELLANEOUS   STATUES,   AND  TABLES   OF   BATES.  151 

Section  4699,  Revised  Statutes,  provides  that  the  rate  of  $18  per  month  may 
be  proportionately  divided  for  any  degree  of  disability  established  for  which 
section  4G95  makes  no  provision. 

The  act  of  August  27,  1888,  provides  a  $30  rate  for  total  deafness  and  author- 
izes the  Secretary  of  the  Interior  to  grant  such  proportion  thereof  in  cases  of 
partial  deafness  as  he  may  deem  equitable.  Act  January  15,  1903,  increases 
rate  for  total  deafness  to  $40.  Rates  on  partial  degrees  not  affected. 

The  act  of  March  2,  1895,  provides  that  "  all  pensioners  now  on  the  rolls,  who 
are  pensioned  at  less  than  six  dollars  per  month,  for  any  degree  of  pensionable 
disability,  shall  have  their  pensions  increased  to  six  dollars  per  month;  and  that, 
hereafter,  whenever  any  applicant  for  pension  would,  under  existing  rates,  be 
entitled  to  less  than  six  dollars  for  any  single  disability  or  several  combined  dis- 
abilities, such  pensioner  shall  be  rated  at  not  less  than  six  dollars  per  month : 
Provided,  also,  That  the  provisions  hereof  shall  not  be  held  to  cover  any  pen- 
sionable period  prior  to  the  passage  of  this  act,  nor  authorize  a  rerating  of  any 
claim  for  any  part  of  such  period,  nor  prevent  the  allowance  of  lower  rates 
than  six  dollars  per  month,  according  to  the  existing  practice  in  the  Pension 
Office  in  pending  cases  covering  any  pensionable  period  prior  to  the  passage  of 
this  act." 

TABLE  IV. — Miscellaneous  rates. 

INVALID. 

Indian  wars: 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908 $8.  00 

Mexican  War: 

Act  Jan.  27,  1887 8.00 

Acts  Jan.  5,  1893,  and  Apr.  23,  1900,  certain  survivors 12.00 

Act  Mar.  3,  1903,  all  survivors 12.00 

Act  Feb.  6,  1907— 

At  62  years 12.  00 

At  70  years 15.00 

At  75  years  or  over 20.  00 

Civil  War: 

Act  June  27.  1890,  in  its  original  form,  and  also  as  amended  by 

the  act  of  May  9,  1900 6.00-12.00 

Act  Feb.  6,  1907— 

At  62  years 12.  00 

At  70  years 15.00 

At  75  years  or  over 20.00 

Army  nurses: 

Act  Aug.  5,  1892 12.  00 

Navy  service  pensions: 

Sec.  4756,  R.  S.,  for  20  years'  service,  one-half  the  pay  of  rating 

at  discharge. 

Sec.  4757,  R.  S.v  for  10  years'  service,  not  to  exceed  the  rate  for 
total  disability. 

WIDOWS    AND    MINORS. 

Revolutionary  War: 

Act  Mar.  9,  1878,  widows  only—  $8.00 

Act  Mar.  19,  1886,  widows  only 12.00 

War  of  1812 : 

Act  Mar.  9,  1878,  widows  only___   8.00 

Act  Mar.  19,  1886,  widows  only__  12.  00 


152  ARMY  AND   NAVY  PENSIONS. 

Indian  wars : 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908,  widows 

only $8.  00 

Act  April  19,  1908,  Sec.  1,  widows  only 12.00 

Mexican  War: 

Act  Jan.  29,  1887,  widows  only 8.00 

Act  Apr.  19,  1908,  sec.  1,  widows  only 12.  00  I 

Civil  War : 

Sec.  4702,  R.  S.,  widows  and  minors,  same  rates  as  in  Table  1. 

Act  Mar.  19,  1886,  widows  and  minors 12.00 

Act  June  27,  1890,  in  its  original  form,  and  as  amended  by  the 
act  of  May  9,  1900 8.00 

Act  Apr.  19,  1908 12.00 

From  and  after  July  25,  1866,  a  widow  is  entitled,  under  the  provisions  of 
section  4703,  Revised  Statutes,  to  the  sum  of  $2  per  month  additional  on 
account  of  each  legitimate  minor  child  of  the  deceased  soldier  or  sailor,  in  her 
care  and  custody,  until  such  child  reaches  the  age  of  16  years.  Where  the 
widow  has  died,  remarried,  or  has  no  title,  the  minor  children  under  16  years 
of  age  succeed  to  the  widow's  rights. 

In  claims  under  the  act  of  June  27,  1890,  both  in  its  original  and  amended 
forms,  the  additional  pension  of  $2  per  month  is  granted.  In  addition  provision 
is  made  in  said  act  for  the  continuance  of  pension  granted  to  an  insane, 
idiotic,  or  otherwise  physically  or  mentally  helpless  minor  child,  during  its  life 
or  during  the  period  of  disability.  This  proviso  is  applicable  to  minors'  claims  | 
under  any  statute. 

DEPENDENT   RELATIVES. 

Sec.  4707,  R.   S.,  in  its  original  form,  and  as  amended  by  section  1, 

Act  June  27,  1890,  same  rates  as  in  Table  1. 
Act  Mar.  19,  1886 _  $12.00 


Chapter  X. 
CRIMINAL  LAW  AND  PROCEDURE. 


SEC.  24,  JUDICIAL  CODE.  District  courts; 
jurisdiction. 

SEC.  42,  JUDICIAL  CODE.  Offenses  begun  in 
one  district  and  completed  in  another. 

SEC.  43,  JUDICIAL  CODE.  Suits  for  recovery. 

SEC.  164,  JUDICIAL  CODE.  Court  of  Claims 
entitled  to  information,  etc.,  from  execu- 
tive departments,  etc. 

SEC.  300,  JUDICIAL  CODE.  Prosecution  for 
prior  offenses. 

SEC.  301,  JUDICIAL  CODE.  Judicial  code  in 
effect  January  1,  1912. 

ACT  FEB.  8,  1899.  Suits  against  Govern- 
ment officers  not  to  abate  on  retirement. 

ACT  JUNE  9,  1910.  Bonds  not  required  of 
the  United  States,  etc.,  in  the  courts  of 
the  District  of  Columbia. 

ACT  MAY  7,  1910.  Repealing  section  860, 
Revised  Statutes. 

SEC.  4851,  R.  S.  Government  Hospital  for 
the  Insane ;  admission  to,  of  persons 
charged  with  crime. 

SEC.  4855,  R.  S.  Delivery  of  insane  crim- 
inals, or  those  charged  with  crime,  on 
restoration  to  sanity ;  procedure. 

ACT  AUG.  7,  1882.  Government  Hospital 
for  the  Insane ;  one  becoming  insane 
while  in  custody  of  United  States  officer 
to  be  admitted. 

SEC.  35,  CRIMINAL  CODE.  False  claims 
against  the  United  States. 

SEC.  3490,  R.  S.  Liability  of  persons  mak- 
ing false  claims. 

SEC.  3491,  R.  S.  Suits  for  same. 

SEC.  3492,  R.  S.  Duty  of  district  attorney 
in  such  cases. 

SEC.  3493,  R.  S.  Rights  of  persons  pre- 
senting such  suits. 

SEC.  3494,  R.  S.  Limitation  of  suit. 

ACT  JULY  7,  1898,  AMENDING  SEC.  4746, 
R.  S.  Making  or  presenting  false  or 
fraudulent  affidavit,  etc.,  in  pension 
claims,  etc.  ;  post-dating  vouchers. 

SEC.  31,  CRIMINAL  CODE.  Officer  making 
false  acknowledgment. 

SEC.  70,  CRIMINAL  CODE.  False  certifica- 
tion by  consular  officer. 

SEC.  106,  CRIMINAL  CODE.  False  certifica- 
tion by  public  officer. 

ACT  MAR.  4,  1911.  False  accounts  and  re- 
ports by  persons  holding  office  or  employ- 
ment under  the  Government  of  the 
United  States. 


SEC.  28,  CRIMINAL  CODE.  Forging  bond, 
bid,  public  records,  affidavit,  etc. 

SEC.  29,  CRIMINAL  CODE.  Forging  deed, 
power  of  attorney,  etc. 

SEC.  30,  CRIMINAL  CODE.  Having  false, 
altered,  forged,  etc.,  papers  in  posses- 
sion. 

SEC.  148,  CRIMINAL  CODE.  Forging,  etc., 
obligations  or  securities  of  the  United 
States. 

SEC.  151,  CRIMINAL  CODE.  Passing,  etc., 
forged  obligations,  etc.,  of  the  United 
States. 

SEC.  154,  CRIMINAL  CODE.  Buying,  selling, 
exchanging,  etc.,  forged  obligations,  etc. 

SEC.  172,  CRIMINAL  CODE.  Counterfeit  obli- 
gations, etc.,  to  be  forfeited. 

SEC.  125,  CRIMINAL  CODE.  Perjury. 

SEC.  1750,  R.  S.  Perjury  before  consular 
officer. 

ACT  MAR.  9,  1878,  SEC.  3.  False  oath 
deemed  perjury  in  war  of  1812  claims. 

ACT  JAN.  29,  1887,  SEC.  3.  False  oath 
deemed  perjury  in  Mexican  War  claims. 

ACT  JULY  27,  1892,  SEC.  3.  False  oath 
deemed  perjury  in  Indian  war  claims. 

SEC.  5396,  R.  S.  Form  of  indictment  for 
perjury. 

SEC.  126,  CRIMINAL  CODE.  Subornation  of 
perjury. 

SEC.  5397,  R.  S.  Indictment  for  suborna- 
tion of  perjury. 

SEC.  39,  CRIMINAL  CODE.  Bribery  of  United 
States  officer. 

SEC.  109,  CRIMINAL  CODE.  Officer,  etc.,  of 
the  United  States  acting  as  agent  or  at- 
torney in  claims  against  them,  or  re- 
ceiving any  gratuity  or  share  of  or  in- 
terest in  any  such  claim. 

SEC.  110,  CRIMINAL  CODE.  Accepting,  etc., 
bribe  by  Member  of  Congress. 

SEC.  Ill,  CRIMINAL  CODE.  Offering  bribe, 
etc.,  to  Member  of  Congress. 

SEC.  112,  CRIMINAL  CODE.  Member  of  Con- 
gress taking  consideration  for  procuring 
contract,  office,  etc. 

SEC.  113,  CRIMINAL  CODE.  Member  of  Con- 
gress or  officer  of  the  United  States 
taking  compensation  in  matters  in  which 
the  Government  is  a  party. 

SEC.  128,  CRIMINAL  CODE.  Destroying,  etc., 
public  records. 

153 


154 


ARMY   AND    NAVY   PENSIONS. 


SEC.  117,  CRIMINAL  CODE.  United  States 
officer,  etc.,  accepting  bribe. 

SEC.  131,  CRIMINAL  CODE.  Bribery  of  a 
judge,  judicial  officer,  or  person  author- 
ized to  hear  or  determine  any  question, 
matter,  proceeding,  etc. 

SEC.  133,  CRIMINAL  CODE.  Juror,  etc., 
accepting  bribe. 

SEC.  134,  CRIMINAL  CODE.  Witness  accept- 
ing bribe. 

SEC.  21,  CRIMINAL  CODE.  Conspiracy  to 
prevent  person  from  accepting  or  hold- 
ing office,  or  from  performing  the  duties 
thereof. 

SEC.  1980,  R.  S.  Liability  for  such  con- 
spiracy. 

SEC.  1981,  R.  S.  Action  for  neglect  to  pre- 
vent conspiracy. 

SEC.  37,  CRIMINAL  CODE.  Conspiracy  to 
commit  an  offense  against,  or  to  defraud 
the  United  States. 

ACT  May  21,  1872.  Retention  of  soldiers' 
or  sailors'  discharge  certificates  by  agents 
or  attorneys. 

SEC.  5485,  R.  S.  Illegal  fees. 

SEC.  4785,  R.  S.  Attorney  fees,  etc. 

ACT   JUND   27,    1890,    SEC.    4.  Illegal   fees. 

ACT  APR.  19,  1908,  SEC.   3.  Illegal  fees. 

ACT  MAR.  3,  1891.  Attorney  fee  in  increase 
and  special-act  claims,  and  penalty  for 
violation. 

ACT  MAY  28,  1908.  Prohibiting  fee  in  spe- 
cial-act claims  and  penalty  for  violation. 

ACT  AUG.  5,  1892,  SEC.  2.  Prohibiting  fee  in 
claims  of  Army  nurses. 

SEC.  108,  CRIMINAL  CODE.  Pension  agent, 
etc.,  taking  fee. 

SEC.  4745,  R.  S.,  as  amended  by  act  of 
Feb.  28,  1883.  Pledging  pension  certifi- 
cate. 

ACT  FEB.  27,  1906,  SEC.  3.  Expenditures 
in  excess  of  appropriation,  and  accept- 
ing voluntary  service,  except,  etc. 

SEC.  32,  CRIMINAL  CODE.  Falsely  pretending 
to  be  an  officer  or  employee  of  the  United 
States. 

SEC.  33,  CRIMINAL  CODE.  False  persona- 
tion of  holder  of  public  stock,  pensioner, 
etc. 


SEC.  34,  CRIMINAL  CODE.  False  demand  on 
fraudulent  power  of  attorney. 

ACT  FEB.  10,  1891,  AMENDING  SECS.  4783, 
AND  5486,  R.  S.  Embezzlement  of  pen- 
sion money  by  guardian. 

SEC.  86,  CRIMINAL  CODE.  Embezzlement ; 
receipting  for  larger  amount  than  is 
actually  paid,  constitutes. 

SEC.  90,  CRIMINAL  CODE.  Failure  of  officer 
or  agent  of  the  United  States  to  render 
account  constitutes  embezzlement. 

SEC.  94,  CRIMINAL  CODE.  Prima  facie  evi- 
dence of  embezzlement. 

SEC.  95,  CRIMINAL  CODE.  Evidence  of  con- 
version. 

SEC.  40,  CRIMINAL  CODE.  Unlawfully  tak- 
ing or  using  papers  relating  to  claims. 

SEC.  46,  CRIMINAL  CODE.  Robbery  of  per- 
sonal property  of  the  United  States. 

SEC.  47,  CRIMINAL  CODE.  Embezzling,  steal 
ing,  etc.,  moneys,  records,  etc.,  of  the 
United  States. 

SEC.  48,  CRIMINAL  CODE.  Receiving,  etc., 
stolen  public  property. 

SEC.  129,  CRIMINAL  CODE.  Destroying  rec 
ords  by  officer  in  charge. 

SEC.  85,  CRIMINAL  CODE.  Extortion  by  of- 
ficers, etc.,  of  the  United  States. 

SEC.  145,  CRIMINAL  CODE.  Extortion  by  in- 
former, etc. 

SEC.  146,  CRIMINAL  CODE.  Misprision  of 
felony. 

SEC.  332,  CRIMINAL  CODE.  Who  are  princi- 
pals. 

SEC.  333,  CRIMINAL  CODE.  Punishment  of 
accessories. 

SEC.  335,  CRIMINAL  CODE.  Felonies  and 
misdemeanors  distinguished. 

SEC.  342,  CRIMINAL  CODE.  Accrued  rights, 
etc.,  not  affected  by  adoption  of  Crim- 
inal Code. 

SEC.  343,  CRIMINAL  CODE.  Prior  offenses ; 
how  prosecuted. 

SEC.  344,  CRIMINAL  CODE.  Acts  of  limita- 
tion ;  how  affected  by  Criminal  Code. 

SEC.  345,  CRIMINAL  CODE.  Date  on  which 
Criminal  Code  went  into  effect,  to  wit, 
January  1,  1910. 

SEC.  1044,  R.  S.  Statute  of  limitations. 

SEC.  1045,  R.  S.  Fleeing  from  justice. 


i9UCt36^tart 

1091*,  c.  231;  Jud-  follows  • 
cial  Code,  sec.  24.  IC 

First- 


The  district  courts  shall  have  original  jurisdiction  as 


a11  suits  °f  a  civil  nature,  at  common  law  or 
in  equity,  brought  by  the  United  States,  or  by  any  officer 
thereof  authorized  by  law  to  sue,  or  between  citizens  of 
the  same  State  claiming  lands  under  grants  from  differ- 
ent States;  or,  where  the  matter  in  controversy  exceeds, 
exclusive  of  interest  and  costs,  the  sum  or  value  of  three 
thousand  dollars,  and  (a)  arises  under  the  Constitution 
or  laws  of  the  United  States,  or  treaties  made,  or  which 


CRIMINAL  LAW  AND  PROCEDURE.  155 


hall  be  made,  under  their  authority,  or  (b)  is  between 
citizens  of  different  States,  or  (c)  is  between  citizens  of 
i  State  and  foreign  States,  citizens,  or  subjects.  No  dis- 
rict  court  shall  have  cognizance  of  any  suit  (except  upon 
:oreign  bills  of  exchange)  to  recover  upon  any  promis- 
sory note  or  other  chose  in  action  in  favor  of  any 
issignee,  or  of  any  subsequent  holder  if  such  instrument 
>e  payable  to  bearer  and  be  not  made  by  any  corpora- 
ion,  unless  such  suit  might  have  been  prosecuted  in  such 
;ourt  to  recover  upon  said  note  or  other  chose  in  action 
f  no  assignment  had  been  made:  Provided,  however, 
That  the  foregoing  provision  as  to  the  sum  or  value  of 
he  matter  in  controversy  shall  not  be  construed  to  apply 
o  any  of  the  cases  mentioned  in  the  succeeding  para- 
graphs of  this  section. 

Second.  Of  all  crimes  and  offenses  cognizable  under 
he  authority  of  the  United  States. 

When  any  offense  against  the  United  States  is  begun 
n   one   judicial   district   and   completed   in   another,   it^ 
ihall  be  deemed  to  have  been  committed  in  either,  and  angJJ*!^  ^ 

oCC.  /olj  xv*  n. 

nay  be  dealt  with,  inquired  of,  tried,  determined,  and 
punished  in  either  district,  in  the  same  manner  as  if  it 
lad  been  actually  and  wholly  committed  therein. 

All  pecuniary  penalties  and  forfeitures  may  be  sued    smtfto/recov 
or   and   recovered   either   in   the   district  where   they  en|J,  732  R  s 
accrue  or  in  the  district  where  the  offender  is  found. 

The  said  court  shall  have  power  to  call  upon  any  of  the 
departments  for  any  information  or  papers  it  may  dee 
lecessary,  and  shall  have  the  use  of  all  recorded  and^^0^8^  s 
printed  reports  made  by  the  committees  of  each  House  of 
Congress,  when  deemed  necessary  in  the  prosecution  of  its 
msiness.     But  the  head  of  any  department  may  refuse 
and  omit  to  comply  with  any  call  for  information  or 
Dapers  when,  in  his  opinion,  such  compliance  would  be  in- 
urious  to  the  public  interest. 

All  offenses  committed,  and  all  penalties,  forfeitures,    id.,  sec.  m 

\  '  '     Prosecution  for 

or  liabilities  incurred  prior  to  the  taking  effect  hereof,  prior  offenses,  etc. 
under  any  law  embraced  in,  amended,  or  repealed  by  this 
A.ct,  may  be  prosecuted  and  punished,  or  sued  for  and  re- 
covered, in  the  district  courts,  in  the  same  manner  and 
with  the  same  effect  as  if  this  Act  had  not  been  passed. 

This  Act  shall  take  effect  and  be  in  force  on  and  after    Jj}  effect  J^n.  i, 
January  first,  nineteen  hundred  and  twelve. 


156  ARMY  AND   NAVY  PENSIONS. 

3o1fta?eL<88229c'  That  no  suit,  action,  or  other  proceeding  lawfully  com 
12suits  against  mencec^  ^y  or  agaiRSt  the  head  of  any  Department  01 
Bureau  or  other  officer  of  the  United  States  in  his  officia. 


menthetc  retire"  capacity,  or  in  relation  to  the  discharge  of  his  officia 
duties,  shall  abate  by  reason  of  his  death,  or  the  expira 
tion  of  his  term  of  office,  or  his  retirement,  or  resignation 
or  removal  from  office,  but,  in  such  event,  the  Court,  on 
motion  or  supplemental  petition  filed,  at  any  time  withir 
twelve  months  thereafter,  showing  a  necessity  for  th< 
survival  thereof  to  obtain  a  settlement  of  the  questions 
involved,  may  allow  the  same  to  be  maintained  by  01 
against  his  successor  in  office,  and  the  Court  may  mak( 
such  order  as  shall  be  equitable  for  the  payment  of  costs 

36AotaJune9,i9io,  That  the  Act  entitled  "An  Act  to  establish  a  code  oi 
or  tne  District  of  Columbia,"  approved  March  third 


amended,  3i  stat.  nineteen  hundred  and  one,  be,  and  the  same  is  hereby 

amended  by  adding  to  section  one  hundred  and  seventy 

seven  thereof  the  following : 

q^r°eddofnunited     "Provided,  That  neither  the  United  States  nor  tin 

ofacoiumbStriCn  District  of  Columbia,  nor  any  officer  of  either,  acting  in 

appeal,  etc.         n^s  ofgciai  capacity,  shall  be  required  to  give  bond  01 

enter  into  undertaking  to  perfect  any  appeal  or  to  obtain 

any  injunction  or  other  writ,  process,  or  order  in  or  of 

any  court  in  the  District  of  Columbia  for  which  a  bond 

or  undertaking  is  now  or  may  be  hereafter  required  by 

law  or  rule  of  court." 

i9ioct36  stat  L7'     That  section  eight  hundred  and  sixty  of  the  Revised 
35united6'  states  Statutes  of  the  United  States  be,  and  the  same  is  hereby, 

courts,  immunity  rpr»pnlprl  * 
of  witnesses,  etc.  repedlCU. 
Sec.  860,  R.  S.,  repealed. 

sec.  4851,  R.  s.     If  any  person,  charged  with  crime,  be  found,  in  the 

Admission      of  ^     j> 

insane  persons  ac- court  before  which  he  is  so  charged,  to  be  an  insane  per- 

cused  of  crime.  , 

Feb.  7, 1857,  c.  son,  such  court  shall  certify  the  same  to  the  Secretary  of 

36,  sec.  5,  v.  11,  p.    ,      '  .  r7 

158;  June  23, 1874,  the  Interior,  who  may  order  such  person  to  be  confined 
251.   '  p*  in  the  Hospital  for  the  Insane,  and,  if  he  be  not  indigent, 

he  and  his  estate  shall  be  charged  with  expenses  of  his 
support  in  the  hospital. 

Delivery  of 'fa-     ^len  anJ  person  confined  in  the  Hospital  for  the  In- 

SoredrtoaSnftye"sane  cnarged  with  crime  and  subject  to  be  tried  therefor, 

id.,  sec.  7.   "    or  convicted  of  crime  and  undergoing  sentence  therefor, 


1  SEC.  860.  No  pleading  of  a  party,  nor  any  discovery  or  evidence  ob- 
tained from  a  party  or  witness  by  means  of  a  judicial  proceeding  in  this 
or  any  foreign  country,  shall  be  given  in  evidence,  or  in  any  manner  used 
against  him  or  his  property  or  estate,  in  any  court  of  the  United  States,  in 
any  criminal  proceeding,  or  for  the  enforcement  of  any  penalty  or  forfei- 
ture :  Provided,  That  this  section  shall  not  exempt  any  party  or  witness 
from  prosecution  and  punishment  for  perjury  committed  in  discovering  or 
testifying  as  aforesaid. 


CRIMINAL  LAW  AND  PROCEDURE.'  157 

diall  be  restored  to  sanity,  the  superintendent  of  the  hos- 
pital shall  give  notice  thereof  to  the  judge  of  the  criminal 
pourt  and  deliver  him  to  the  court  in  obedience  to  the 
proper  precept. 

That  upon  the  application  of  the  Attorney-General  i8&>f 22  s2t.  L7,' 
he  Secretary  of  the  Interior  be,  and  he  is  hereby,  au-  33Adm1ssionart  of 
liorized   and   directed  to  transfer  to  the  Government  comSg'iimneb6" 
lospital  for  the  Insane  in  the  District  of  Columbia,  all 
>ersons  who,  having  been  charged  with  offenses  against 
he  United  States,  are  in  the  actual  custody  of  its  officers, 
md  all  persons  who  have  been  or  shall  be  convicted  of 
my  offense  in  a  court  of  the  United  States  and  are  im- 
>risoned  in   any   State  prison  or  penitentiary   of   any 
State  or  Territory,  and  who  during  the  term  of  their 
mprisonment  have  or  shall  become  and  be  insane. 

Whoever  shall  make  or  cause  to  be  made,  or  present  or  19ojJ* 35  ftaart. 
ause  to  be  presented,  for  payment  or  approval,  to  or  by 
my  person  or  officer  in  the  civil,  military,  or  naval  serv- 
ce  of  the  United  States,  any  claim  upon  or  against  the 
Tovernment  of  the  United  States,  or  any  department  or 
fficer  thereof,  knowing  such  claim  to  be  false,  fictitious,    Falseclaun- 
r  fraudulent;  or  whoever,  for  the  purpose  of  obtaining 
>r  aiding  to  obtain  the  payment  or  approval  of  such 
laim,  shall  make  or  use,  or  cause  to  be  made  or  used, 
my  false  bill,  receipt,  voucher,  roll,  account,  claim,  cer- 
ificate,   affidavit,   or   deposition,   knowing  the   same  to 
;ontain  any  fraudulent  or  fictitious  statement  or  entry ;  as^amtSd '  by 
>r  whoever  shall  enter  into  any  agreement,  combination, 
)Y  conspiracy  to  defraud  the  Government  of  the  United 
States,  or  any  department  or  officer  thereof,  by  obtaining 
)r  aiding  to  obtain  the  payment  or  allowance  of  any 
'alse  or  fraudulent  claim;  or  whoever,  having  charge, 
Dossession,  custody,  or  control  of  any  money  or  other 
public  property  used  or  to  be  used  in  the  military  or 
\aval  service,  with  intent  to  defraud  the  United  States 
or  willfully  to  conceal  such  money  or  other  property, 
>hall  deliver  or  cause  to  be  delivered,  to  any  other  per- 
son having  authority  to  receive  the  same,  any  amount  of 
such  money  or  other  property  less  than  that  for  which 
received  a  certificate  or  took  a  receipt;  or  whoever, 
3eing    authorized   to   make    or    deliver    any   certificate, 
voucher,  receipt,  or  other  paper  certifying  the  receipt  of 
arms,  ammunition,  provisions,  clothing,  or  other  prop- 
rty  so  used  or  to  be  used,  shall  make  or  deliver  the 
same  to  any  other  person  without  a  full  knowledge  of 


158  AEMY  AND  NAVY  PENSIONS. 

the  truth  of  the  facts  stated  therein  and  with  intent  to 
Penalty.          defraud  the  United  States,  shall  be  fined  not  more  than 
five  thousand  dollars,  or  imprisoned  not  more  than  five 
chYselao^ffulpu^iic  years?  or  both.    And  whoever  shall  knowingly  purchase 
property.  or  receive  in  pledge  for  any  obligation  or  indebtedness 

from  any  soldier,  officer,  sailor,  or  other  person  called 
into  or  employed  in  the  military  or  naval  service,  any 
arms,  equipments,  ammunition,  clothes,  military  stores, 
or  other  public  property,  whether  furnished  to  the  sol- 
dier, sailor,  officer,  or  person,  under  a  clothing  allowance 
or  otherwise,  such  soldier,  sailor,  officer,  or  other  person 
not  having  the  lawful  right  to  pledge  or  sell  the  same. 
Penalty.         shall  be  fined  not  more  than  five  hundred  dollars,  and  im- 
prisoned not  more  than  two  years. 
iSbmt0'  R'  of     ^ny  Person  n°t  in  the  military  or  naval  forces  of  the 
persons    making  United  States,  or  in  the  militia  called  into  or  actually 

falsp  c  *  1  '  i  i  rn  s 

against  United  employed  in  the  service  of  the  United  States,  who  shall 
Mar.  2, 1863,  c.  do  or  commit  any  of  the  acts  prohibited  by  any  of  the 

67,  sec.  3,  v.  12,  p.  .  *  J       .  . 

698-  provisions  of  section  fifty-four  hundred  and  thirty-eight 

Title,  "  CRIMES,"  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  two  thousand  dollars ;  and,  in  addition 
double  the  amount  of  damages  which  the  United  States 
may  have  sustained  by  reason  of  the  doing  or  commit- 
ting such  act,  together  with  the  costs  of  suit;  and  such 
forfeiture  and  damages  shall  be  sued  for  in  the  same 
suit. 

sec.  3491,  R.  s.     The  several  district  courts  of  the  United  States,  the 
jviar.  2,  ises,  c.  supreme  court  of  the  District  of  Columbia,  the  several 

698.  'district  courts  of  the  Territories  of  the  United  States, 

within  whose  jurisdictional  limits  the  person  doing  01 
committing  such  act  shall  be  found,  shall,  wheresoever 
such  act  may  have  been  done  or  committed,  have  full 
power  and  jurisdiction  to  hear,  try,  and  determine  such 
suit.     Such  suit  may  be  brought  and  carried  on  by  any] 
person,  as  well  for  himself  as  for  the  United  States ;  the 
same  shall  be  at  the  sole  cost  and  charge  of  such  person, 
and  shall  be  in  the  name  of  the  United  States,  but  shall 
not  be  withdrawn  or  discontinued  without  the  consent, 
in  writing,  of  the  judge  of  the  court  and  the  district 
attorney,  first  filed  in  the  case,  setting  forth  their  reason?  j 
for  such  consent. 
sec.  3492  R.S      It  shall  be  the  duty  of  the  several  district  attorneys 

Duty  of  district 

suchcales  ^   to °^  ^e  United  States  for  the  respective  districts,  for  the 
Mar.  2, 1863,  c.  District  of  Columbia,  and   for  the  several  Territories. 

67,  sec.  5,  v.  12,  p.  .  .... 

698.  to  be  diligent  in  inquiring  into  any  violation  of  the  pro- 


CRIMINAL,  LAW   AND   PROCEDURE. 


159 


visions   of  section  thirty-four  hundred   and  ninety  by 
[persons  liable  to  such  suit,  and  found  within  their  re- 
spective districts  or  Territories,  and  to  cause  them  to  be 
[proceeded  against  in  due  form  of  law  for  the  recovery  of 
such  forfeiture  and  damages.     And  such  person  may  be 
[arrested  and  held  to  bail  in  such  sum  as  the  district 
I  judge  may  order,  not  exceeding  the  sum  of  two  thou- 
sand dollars,  and  twice  the  amount  of  the  damages  sworn 
to  in  the  affidavit  of  the  person  bringing  the  suit. 

The  person  bringing  said  suit  and  prosecuting  it  to    sec.  3493,  R.  s. 
inal  judgment  shall  be  entitled  to  receive  one-half  the 


mount  of  such  forfeiture,  as  well  as  one-half  the  amount Su&ui2,si863,  c. 
f  the  damages  he  shall  recover  and  collect ;  and  the  other  698?ec< 
ialf  thereof  shall  belong  to  and  be  paid  over  to  the 
Fnited   States;   and   such   person   shall   be   entitled   to 
Deceive  to  his  own  use  all  costs  the  court  may  award 
igainst  the  defendant,  to  be  allowed  and  taxed  according 
any  provision  of  law  or  rule  of  court  in  force,  or  that 
shall  be  in  force  in  suits  between  private  parties  in  said 
;ourt:  Provided,  That  such  person  shall  be  liable  for 
ill  costs  incurred  by  himself  in  the  case,  and  shall  have 
LO  claim  therefor  on  the  United  States. 
Every  such  suit  shall  be  commenced  within  six  years    sec.  3494,  R.  s. 

„  ,,  „   .,  .,,  Limitation     of 

from  the  commission  of  the  act,  and  not  afterward.  suit. 

Id.,  sec.  7. 

That  section  forty-seven  hundred  and  forty-six  of  the    Actjuiy7,i898, 

Revised  Statutes  of  the  United  States  is  hereby  amended  I?8Stat' L"  *18f c' 

read  as  follows:  an?eenCded.  4746 

"  That  every  person  who  knowingly  or  willfully  makes    Presentation  or 

.  ,  •   I     •  i  •  .  .  making  of  false  or 

>r  aids,  or  assists  in  the  making,  or  in  anv  wise  procures  fraudulent  affida- 
vit, etc.,  in  pen- 

phe  making  or  presentation  of  any  false  or  fraudulent  sion  claims, 
iffidavit,  declaration,  certificate,  voucher,  or  paper  or 
siting  purporting  to  be  such,  concerning  any  claim  for 
>ension  or  payment  thereof,  or  pertaining  to  any  other 
latter  within  the  jurisdiction  of  the  Commissioner  of 
'ensions  or  of  the  Secretary  of  the  Interior,  or  who  dating 

towingly  or  willfully  makes  or  causes  to  be  made,  or 
lids  or  assists  in  the  making,  or  presents  or  causes  to  be 
>resented  at  any  pension  agency  any  power  of  attorney 
>r  other  paper  required  as  a  voucher  in  drawing  a  pen- 
sion, which  paper  bears  a  date  subsequent  to  that  upon 
rhich  it  was  actually  signed  or  acknowledged  by  the 
>ensioner,  and  every  person  before  whom  any  declara- 
tion, affidavit,  voucher,  or  other  paper  or  writing  to  be 
ised  in  aid  of  the  prosecution  of  any  claim  for  pension 
>r  bounty  land  or  payment  thereof  purports  to  have  been 


160  ARMY  AND  NAVY  PENSIONS. 

executed  who  shall  knowingly  certify  that  the  declarant, 
affiant,  or  witness  named  in  such  declaration,  affidavit, 
voucher,  or  other  paper  or  writing  personally  appeared 
before  him  and  was  sworn  thereto,  or  acknowledged  the 
execution  thereof,  when,  in  fact,  such  declarant,  affiant, 
or  witness  did  not  personally  appear  before  him  or  was 
not  sworn  thereto,  or  did  not  acknowledge  the  execution 

Penalty.  thereof,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  for  a  term  of  not 
more  than  five  years." 

Code,  Whoever,  being  an  officer  authorized  to  administer 
g- oatns  or  to  ta^e  an(^  certify  acknowledgments,  shall 
merits,  etc.  knowingly  make  any  false  acknowledgment,  certificate 
or  statement  concerning  the  appearance  before  him  or 
the  taking  of  an  oath  or  affirmation  by  any  person  with 
respect  to  any  proposal,  contract,  bond,  undertaking,  or 
other  matter,  submitted  to,  made  with,  or  taken  on  behalJ 
of,  the  United  States,  and  concerning  which  an  oath  or 
affirmation  is  required  by  law  or  regulation  made  in  pur- 
suance of  law,  or  with  respect  to  the  financial  standing 
of  any  principal,  surety,  or  other  party  to  any  such  pro- 
posal, contract,  bond,  undertaking,  or  other  instrument 

Penalty.  shall  be  fined  not  more  than  two  thousand  dollars,  or  im- 
prisoned not  more  than  two  years,  or  both. 

id.,  sec.  70.          Whoever,  being  a  consul,  or  vice  consul,  or  other  per- 

False  certifica-  .e 

tion  by  consular  son   employed   in   the   consular   service   of   the   United 
sec/5442,  R.  s.  States,  shall  knowingly  certify  falsely  to  any  invoice, 

or  other  paper,  to  which  his  certificate  is  by  law  author- 
Penaity.          ized  or  required,  shall  be  fined  not  more  than  ten  thousand 

dollars  and  imprisoned  not  more  than  three  years. 
id.,  sec.  106.         Whoever,  being!  a  public  officer  or  other  person  au- 

False      certifl- 

cates  by  public  thorized  by  any  law  of  the  United  States  to  make  or 

officers,  etc.  *  * 

give  a  certificate  or  other  writing,  shall  knowingly  make 
and  deliver  as  true  such  a  certificate  or  writing,  con- 
taining any  statement  which  he  knows  to  be  false,  in  a 
case  where  the  punishment  thereof  is  not  elsewhere  ex- 
Penaity.  pressly  provided  by  law,  shall  be  fined  not  more  than 
five  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both. 

I9iict36  staf*  L4'     That  whoever,  being  an  officer,  clerk,  agent,  or  other 

13GoCver°nmentPerson  holding  any  office  or  employment  under  the  Gov- 

empioyees.         eminent  of  the  United  States  and,  being  charged  with  the 

duty  of  keeping  accounts  or  records  of  any  kind,  shall, 

with  intent  to  deceive,  mislead,  injure,  or  defraud  the 


CRIMINAL  LAW  AND  PROCEDURE.  161 


United  States  or  any  person,  make  in  any  such  account 

or  record  any  false  or  fictitious  entry  or  record  of  any  tries  in  records- 

matter  relating  to  or  connected  with  his  duties,  or  who- 

ever with  like  intent  shall  aid  or  abet  any  such  officer,    Aiding-ete- 

clerk,  agent,  or  other  person  in  so  doing;  or  whoever, 

being  an  officer,  clerk,  agent,  or  other  person  holding  any 

office  or  employment  under  the  Government  of  the  United  ports' 

States  and,  being  charged  with  the  duty  of  receiving, 

holding,  or  paying  over  moneys  or  securities  to,  for,  or 

on  behalf  of  the  United  States,  or  of  receiving  or  holding 

in  trust  for  any  person  any  moneys  or  securities,  shall, 

with  like  intent,  make  a  false  report  of  such  moneys  or 

securities,  or  whoever  with  like  intent  shall  aid  or  abet    Aiding>etc- 

any  such  officer,  clerk,  agent,  or  other  person  in  so  doing, 

shall  be  fined  not  more  than  five  thousand  dollars,  or 

imprisoned  not  more  than  ten  years,  or  both. 

Whoever  shall  falsely  make,  alter,  forge,  or  counter-  s^™11131  code' 
feit,  or  cause  or  procure  to  be  falsely  made,  altered,  bid,orpufiicxreol 
forged,  or  counterfeited,  or  willingly  aid,  or  assist  in  the  Ors^ste"54i8  and 
false  making,  altering,  forging,  or  counterfeiting,  any5479'11'8' 
bond,  bid,  proposal,  contract,  guarantee,  security,  official 
bond,  public  record,  affidavit,  or  other  writing  for  the 
purpose  of  defrauding  the  United  States;  or  shall  utter 
or  publish  as  true,  or  cause  to  be  uttered  or  published  as 
true,  or  have  in  his  possession  with  the  intent  to  utter 
or  publish  as  true,  any  such  false,  forged,  altered,  or 
counterfeited  bond,  bid,  proposal,  contract,  guarantee,  se- 
curity,  official   bond,  public   record,   affidavit,   or   other 
writing,  for  the  purpose  of  defrauding  the  United  States, 
knowing  the  same  to  be  false,  forged,  altered,  or  coun- 
terfeited ;  or  shall  transmit  to,  or  present  at,  or  cause  or 
procure  to  be  transmitted  to,  or  presented  at,  the  office  pers> 
of  any  officer  of  the  United  States,  any  such  false,  forged, 
altered,  or  counterfeited  bond,  bid,  proposal,  contract, 
guarantee,  security,  official  bond,  public  record,  affidavit, 
or  other  writing,  knowing  the  same  to  be  false,  forged, 
altered,  or  counterfeited,  for  the  purpose  of  defrauding 
the  United  States,  shall  be  fined  not  more  than  one  thou- 
sand dollars,  or  imprisonment  not  more  than  ten  years, 
or  both. 

Whoever  shall  falsely  make,  alter,  forge,  or  counter-    ^d0^ 
feit,  or  cause  or  procure  to  be   falsely  made,  altered,  P«^  °f 
forged,  or  counterfeited,  or  willingly  aid  or  assist  in  the    Sec-  5421»  R-  s- 
false  making,  altering,  forging,  or  counterfeiting,  any 
8001°—  12  -  12 


162  ARMY  AND  NAVY  PENSIONS. 

deed,  power  of  attorney,  order,  certificate,  receipt,  con- 1 
tract,  or  other  writing,  for  the  purpose  of  obtaining  or  I 
receiving,  or  of  enabling  any  other  person,  either  directly! 
or  indirectly,  to  obtain  or  receive  from  the  United  States, I 
or  any  of  their  officers  or  agents,  any  sum  of  money ;  or  I 
whoever  shall  utter  or  publish  as  true,  or  cause  to  be] 
uttered  or  published  as  true,  any  such  false,  forged,! 
altered,  or  counterfeited  deed,  power  of  attorney,  order,! 
certificate,  receipt,  contact,  or  other  writing,  with  intent! 
to  defraud  the  United  States,  knowing  the  same  to  be 
etc^ransi  tmg>  false,  altered,  forged,  or  counterfeited;  or  whoever  shall! 
transmit  to,  or  present  at,  or  cause  or  procure  to  be 
transmitted  to,  or  presented  at,  any  office  or  officer  of 
the  Government  of  the  United  States,  any  deed,  power 
of  attorney,  order,  certificate,  receipt,  contract,  or  other 
writing,  in  support  of,  or  in  relation  to,  any  account  or 
claim,  with  intent  to  defraud  the  United  States,  knowing' 
the  same  to  be  false,  altered,  forged,  or  counterfeited, 

penalty.  shall  be  fined  not  more  than  one  thousand  dollars  and 
imprisoned  riot  more  than  ten  years. 

Having  false  pa-     Whoever,  knowingly  and  with  intent  to  defraud  the 
passion0''    "*  United  States,  shall  have  in  his  possession  any  false, 

sec.  6422,  R.  s.  altered,  forged,  or  counterfeited  deed,  power  of  attor- 
ney, order,  certificate,  receipt,  contract,  or  other  writing, 
for  the  purpose  of  enabling  another  to  obtain  from  the 
United  States,  or  from  any  officer  or  agent  thereof,  any 

Penalty.  slim  of  monev?  shall  be  fined  not  more  than  five  hundred 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 

Fdorgh?g,148etc.,     Whoever,  with  intent  to  defraud,  shall  falsely  make, 
Usec .^ilfiifs.  f°rge?  counterfeit,  or  alter  any  obligation  or  other  se- 
curity of  the  United  States  shall  be  fined  not  more  than 

penalty.  ^ye  thousand  dollars  and  imprisoned  not  more  than 
fifteen  years. 

pdassingf etc.,     Whoever,  with  intent  to  defraud,  shall  pass,  utter,  pub- . 
ti°0nied  obliga~lish,  or  sell,  or  attempt  to  pass,  utter,  publish,  or  sell,  or 

sec.  5431,  R.  s.  shai}  bring  into  the  United  States  or  any  place  subject  to 
the  jurisdiction  thereof,  with  intent  to  pass,  publish,  utter, 
or  sell,  or  shall  keep  in  possession  or  conceal  with  like 
intent,  any  falsely  made,  forged,  counterfeited,  or  altered 

Penalty.  obligation  or  other  security  of  the  United  States,  shall  be 
fined  not  more  than  five  thousand  dollars  and  imprisoned 
not  more  than  fifteen  years. 

Buying^etc       Whoever  shall  buy,  sell,  exchange,  transfer,  receive,  or 
f°secd IS? Ries'  deliver,  any  false,  forged,  counterfeited,  or  altered  obliga- 


CRIMINAL  LAW  AND  PROCEDURE.  163 

tion  or  other  security  of  the  United  States,  or  circulating 
note  of  any  banking  association  organized  or  acting  under 
the  laws  thereof,  which  has  been  or  may  hereafter  be 
issued  by  virtue  of  any  act  of  Congress,  with  the  intent 
that  the  same  be  passed,  published,  or  used  as  true  and 
genuine,  shall  be  fined  not  more  than  five  thousand  dol-  PenaltF- 
ars,  or  imprisoned  not  more  than  ten  years,  or  both. 

All  counterfeits  of  any  obligation  or  other  security  of    counterfeit 'ob- 
he  United  States  or  of  any  foreign  government,  or  coun-  bffaSe^"'  to 
erfeits  of  any  of  the  coins  of  the  United  States  or  of  any  ig^e^tat.  L°,' 
breign  government,  and  all  material  or  apparatus  fitted 742>  sec>  4- 
ir  intended  to  be  used,  or  that  shall  have  been  used,  in 
he  making  of  any  of  such  counterfeit  obligation  or  other 
ecurity  or  coins  hereinbefore  mentioned,  that  shall  be 
bund  in  the  possession  of  any  person  without  authority 
rom  the  Secretary  of  the  Treasury  or  other  proper  officer 
o  have  the  same,  shall  be  taken  possession  of  by  any  au- 
horized   agent   of  the  Treasury   Department  and   for- 
eited  to  the  United  States,  and  disposed  of  in  any  man- 
ler  the  Secretary  of  the  Treasury  may  direct.     Whoever 
laving  the  custody  or  control  of  any  such  counterfeits, 
laterial,  or  apparatus  shall  fail  or  refuse  to  surrender 
>ossession  thereof  upon  request  by  any  such  authorized 
gent  of  the  Treasury  Department,  shall  be  fined  not  more  faifuere  £}  Oliver* 
han  one  hundred  dollars,  or  imprisoned  not  more  than 
me  year,  or  both. 

Whoever,  having  takeia  an  oath  before  a  competent  tri-    p^S^'.125' 
mnal,  officer,  or  person,  in  any  case  in  which  a  law  of  the    Sec-  5392>  R* S- 
Jnited  States  authorizes  an  oath  to  be  administered,  that 
e  will  testify,  declare,  depose,  or  certify  truly,  or  that 
ny  written  testimony,  declaration,  deposition,  or  cer- 
ificate  by  him  subscribed,  is  true,  shall  wilfully  and  con- 
rary  to  such  oath  state  or  subscribe  any  material  matter 
vhich  he  does  not  believe  to  be  true,  is  guilty  of  perjury, 
nd  shall  be  fined  not  more  than  two  thousand  dollars    Penalty- 
nd  imprisoned  not  more  than  five  years. 

Every   secretary   of   legation    and    consular   officer   is    D^pSomb* 
lereby  authorized,  whenever  he  is  required  or  deems  it  {^tSn^l  con- 
lecessary  or  proper  so  to  do,  at  the  post,  port,  place,  or  SUAct°^Aug'.  is, 
vithin  the  limits  of  his  legation,  consulate,  or  commercial  Jf56'  n  stat'  Llf 
gency,  to  administer  to  or  take  from  any  person  an 
>ath,  affirmation,  affidavit,  or  deposition,  and  to  perform 
my,  notarial  act  which  any  notary  public  is  required  or 
tuthorized  by  law  to  do  within  the  United  States.     Every 


164  ARMY  AND   NAVY  PENSIONS. 

such  oath,  affirmation,  affidavit,  deposition,  and  not  aria 
act  administered,  sworn,  affirmed,  taken,  had,  or  done' 
by  or  before  any  such  officer,  when  certified  under  hi: 
hand  and  seal  of  office,  shall  be  as  valid,  and  of  like  forc<| 
and  effect  within  the  United  States,  to  all  intents  ancj 
purposes,  as  if  administered,  sworn,  affirmed,  taken,  had! 
or  done,  by  or  before  any  other  person  within  the  Unitecl 
perjury t:Li  such^ates  duly  authorized  and  competent  thereto.     If  an^l 
cases.  person  shall  wilfully  and  corruptly  commit  perjury,  or  tyl 

any  means  procure  any  person  to  commit  perjury  in  an} 
such  oath,  affirmation,  affidavit,  or  deposition,  within  th< 
intent  and  meaning  of  any  act  of  Congress  now  or  here 
after  made,  such  offender  may  be  charged,  proceeded 
against,  tried,  convicted,  and  dealt  with  in  any  district  o: 
the  United  States,  in  the  same  manner,  in^all  respects,  a; 
if  such  offense  had  been  committed  in  the  United  States 
before  any  officer  duly  authorized  therein  to  administer  01 
take  such  oath,  affirmation,  affidavit,  or  deposition,  anc 
shall  be  subject  to  the  same  punishment  and  disability 
therefor  as  are  or  shall  be  prescribed  by  any  such  act  foi 
such  offense;  and  any  document  purporting  to  have  af 
Evidence  of fixe(j  impressed,  or  subscribed  thereto  or  thereon  the  sea 

taking  the  oath.  '  ' 

and  signature  of  the  officer  administering  or  taking  tin 
same  in  testimony  thereof,  shall  be  admitted  in  evident 
without  proof  of  any  such  seal  or  signature  being  genuin< 
forPLnalcertmcate or  °^  ^e  °^cia^  character  of  such  person ;  and  if  any  per 
of  oath.  son  shall  forge  any  such  seal  or  signature,  or  shall  tende: 

in  evidence  any  such  document  with  a  false  or  counterfei 
seal  or  signature  thereto,  knowing  the  same  to  be  false  o: 
counterfeit,  he  shall  be  deemed  and  taken  to  be  guilty  o: 
a  misdemeanor,  and  on  conviction  shall  be  imprisoned  no 
exceeding  three  years  nor  less  than  one  year,  and  fined  ii 
a  sum  not  to  exceed  three  thousand  dollars,  and  may  b« 
charged,  proceeded  against,  Jtried,  convicted,  and  deal 
with,  therefor,  in  the  district  where  he  may  be  arrested  o: 
in  custody. 

i878Ct2o  gftat  i9'     That  before  the  name  of  any  person  shall  be  placec 

28FCais'eSeCoathuPon  ^ie  Pensi°n-r°lls  under  this  act,  proof   shall   b< 

STTar  ffT]im  made,  under  such  rules  and  regulations  as  the  Commis 

claims.  sioner  of  Pensions,  with  the  approval  of  the  Secretary 

of  the  Interior,  shall  prescribe,  that  the  applicant  is  en 

titled  to  a  pension  under  this  act;  and  any  person  wh< 

shall  falsely  take  any  oath  required  to  be  taken  unde: 

the  provisions  of  this  act  shall  be  guilty  of  perjury;  an( 


CRIMINAL  LAW  AND  PROCEDURE.  165 

the  Secretary  of  the  Interior  shall  cause  to  be  stricken 
from  the  rolls  the  name  of  any  person,  when  it  shall 
appear,  by  proof  satisfactory  to  him,  that  such  name 
was  put  on  said  rolls  by  or  through  false  or  fraudulent 
representations,  or  by  mistake  as  to  the  right  of  such 
person  to  a  pension  under  this  act.  *  *  * 

That  before  the  name  of  any  person  shall  be  placed  on  18^ct24  Jsa£t  ™> 
the  pension-roll  under  this  act,  proof  shall  be  made,  371,0.70,  sec!  a. '' 

False  oath  to  be 

under  such  rules  and  regulations  as  the  Secretary  of  the  Deemed  perjury, 

J  Mexican  War 

Interior  may  prescribe,  of  the  right  of  the  applicant  toclaims- 
a  pension;  and  any  person  who  shall  falsely  and  cor- 
ruptly take  any  oath  required  under  this  act  shall  be 
deemed  guilty  of  perjury;  and  the  Secretary  of  the  In- 
terior shall  cause  to  be  stricken  from  the  pension-roll 
the  name  of  any  person  whenever  it  shall  be  made  to  ap- 
pear by  proof  satisfactory  to  him  that  such  name  was 
put  upon  such  roll  through  false  and  fraudulent  repre- 
sentations, and  that  such  person  is  not  entitled  to  a  pen- 
sion under  this  act.  *  *  * 

That  before  the  name  of  any  person  shall  be  placed  on18i^VTstat  I7' 
the  pension  roll  under  this  act,  proof  shall  be  made,  un-  282>  c.  277,  sec.  s| 
der  such  rules  and  regulations  as  the  Secretary  of  the  False  oath  to  be 

c  deemed   perjury, 

Interior  may  prescribe,  of  the  right  of  the  applicant  to^.dian  war 
a  pension;  and  any  person  who  shall  falsely  and  cor- 
ruptly take  any  oath  required  under  this  act  shall  be 
deemed  guilty  of  perjury;     *     *     * 

In  every  presentment  or  indictment  prosecuted  against 
any  person  for  perjury,  it  shall  be  sufficient  to  set  f orth 
the  substance  of  the  offense  charged  upon  the  defendant,  ^ec.Vv.  i,'P: 
and  by  what  court,  and  before  wThom  the  oath  was  taken, 
averring  such  court  or  person  to  have  competent  au- 
thority to  administer  the  same,  together  with  the  proper 
averment  to  falsify  the  matter  wherein  the  perjury  is 
assigned,  without  setting  forth  the  bill,  answer,  informa- 
tion, indictment,  declaration,  or  any  part  of  any  record 
or  proceeding,  either  in  law  or  equity,  or  any  affidavit, 
deposition,  or  certificate,  other  than  as  hereinbefore 
stated,  and  without  seting  forth  the  commission  or  au- 
thority of  the  court  or  person  before  whom  the  perjury 
was  committed. 

Whoever  shall  procure  another  to  commit  any  perjury^^j™1™11  Code» 
is  guilty  of  subornation  of  perjury,  and  punishable  as  in  pe^yrnation  of 
the  preceding  section  prescribed.  ISaity3'  R'  S' 


166  ARMY   AND   NAVY  PENSIONS. 

iSdiSnf 'for     ^n  everJ  presentment  or  indictment  for  subornation  of 
pe5uryati°n     ofPeriurv>  ^  shall  be  sufficient  to  set  forth  the  substance  of 
i79octc  9"Psec  2o'  ^e  offense  charged  upon  the  defendant,  without  setting 
v.i,  P.  lie.         forth  the  bill,  answer,  information,  indictment,  declara- 
tion, or  any  part  of  any  record  or  proceeding  either  in 
law  or  equity,  or  any  affidavit,  deposition,  or  certificate,] 
and  without  setting  forth  the  commission  or  authority 
of  the  court  or  person  before  whom  the  perjury  was  com- 
mitted;  or  was  agreed  or  promised  to  be  committed. 
se?39linal  C°de'     Whoever  shall  promise,  offer,  or  give,  or  cause  or  pro- 
u^itedberstatescure  to  ^e  promised,  offered,  or  given,  any  money  or 
oflecr'545i  R  s  other  thing  of  value,  or  shall  make  or  tender  any  contract, 
undertaking,  obligation,  gratuity,  or  security  for  the  pay-| 
ment  of  money,  or  for  the  delivery  or  conveyance  of  any- 
thing of  value,  to  any  officer  of  the  United  States,  or  to 
any  person  acting  for  or  on  behalf  of  the  United  State 
in  any  official  function,  under  or  by  authority  of  any 
department  or  office  of  the  Government  thereof,  or  to  any 
officer  or  person  acting  for  or  on  behalf  of  either  House 
of  Congress,  or  of  any  committee  of  either  House,  or 
both  Houses  thereof,  with  intent  to  influence  his  decision 
or  action  on  any  question,  matter,  cause,  or  proceeding 
which  may  at  any  time  be  pending,  or  which  may  by 
law  be  brought  before  him  in  his  official  capacity,  or  in 
his  place  of  trust  or  profit,  or  with  intent  to  influence  him 
to  commit  or  aid  in  committing,  or  to  collude  in,  or  allow, 
any  fraud,  or  make  opportunity  for  the  commission  of 
any  fraud;  on  the  United  States,  or  to  induce  him  to  do 
or  omit  to  do  any  act  in  violation  of  his  lawful  duty, 
Penalty.         shall  be  fined  not  more  than  three  times  the  amount  of 
money  or  value  of  the  thing  so  offered,  promised,  given, 
made,  or  tendered,  or  caused  or  procured  to  be  so  offered, 
promised,  given,  made,  or  tendered,  and  imprisoned  no 
more  than  three  years. 

SrI<Sra1(£ter.     Whoever,  being  an  officer  of  the  United  States,  or  a 
agadi n^t  cl uTe  Person  holding  any  place  of  trust  or  profit,  or  discharg- 
Usecd549?tR'  s  *n»  anv  o^cia^  function  under,  or  in  connection  with,  any 
Executive  Department  of  the  Government  of  the  United 
States,  or  under  the  Senate  or  House  of  Eepresentatives 
of  the  United  States,  shall  act  as  an  agent  or  attorney 
for  prosecuting  any  claim  against  the  United  States,  or 
in  any  manner,  or  by  any  means,  otherwise  than  in  dis- 
charge of  his  proper  official  duties,  shall  aid  or  assist  in 
the  prosecution  or  support  of  any  such  claim,  or  receive 


CRIMINAL  LAW  AND  PROCEDURE.  167 

any  gratuity,  or  any  share  of  or  interest  in  any  claim 
from  any  claimant  against  the  United  States,  with  intent 
to  aid  or  assist,  or  in  consideration  of  having  aided  or 
assisted,  in  the  prosecution  of  such  claim,  shall  be  fined 
not  more  than  five  thousand  dollars,  or  imprisoned  not 
more  than  one  year,  or  both. 

Whoever,  being  elected  or  appointed  a  Member  of  or 
Delegate  to  Congress,  or  a  Resident  Commissioner,  shall, 
after  his  election  or  appointment  and  either  before  or  an^|^27R'  I500' 
after  he  has  qualified,  and  during  his  continuance  in 
office,  directly  or  indirectly,  ask,  accept,  receive,  or  agree 
to  receive,  any  money,  property,  or  other  valuable  consid- 
eration, or  any  promise,  contract,  undertaking,  obligation, 
gratuity,  or  security  for  the  payment  of  money  or  for  the 
delivery  or  conveyance  of  anything  of  value  to  him  or  to 
any  person  with  his  consent,  connivance,  or  concurrence, 
for  his  attention  to.  or  services,  or  with  the  intent  to  have 
his  action,  vote,  or  decision  influenced,  on  any  question, 
matter,  cause,  or  proceeding,  which  may  at  any  time  be 
pending  in  either  House  of  Congress  or  before  any  com- 
mittee thereof,  or  which  by  law  or  under  the  Constitution 
may  be  brought  before  him  in  his  official  capacity,  or  in 
his  place  as  such  Member,  Delegate,  or  Resident  Commis- 
sioner, shall  be  fined  not  more  than  three  times  the  amount  Penalty. 
asked,  accepted,  or  received,  and  imprisoned  not  more 
than  three  years;  and  shall,  moreover,  forfeit  his  office 
or  place,  and  thereafter  be  forever  disqualified  from  hold- 
ing any  office  of  honor,  trust,  or  profit  under  the  Govern- 
ment of  the  United  States. 

Whoever  shall  promise,  offer,  or  give,  or  cause  to  be  o 
promised,  offered,  or  given,  any  money  or  other  thing  of  ^' 
value,  or  shall  make  or  tender  any  contract,  undertaking,  Sec-  545°*  R- s 
obligation,  gratuity,  or  security  for  the  payment  of  money 
or  for  the  delivery  or  conveyance  of  anything  of  value,  to 
any  Member  of  either  House  of  Congress,  or  Delegate  to 
Congress,  or  Resident  Commissioner,  after  his  election 
or  appointment  and  either  before  or  after  he  has  qualified, 
and  during  his  continuance  in  office,  or  to  any  person 
with  his  consent,  connivance,  or  concurrence,  with  intent 
to  influence  his  action,  vote,  or  decision,  on  any  question, 
matter,  cause,  or  proceeding  which  may  at  any  time  be 
pending  in  either  House  of  Congress,  or  before  any  com- 
mittee thereof,  or  which  by  law  or  under  the  Constitution 
may  be  brought  before  him  in  his  official  capacity  or  in 


168  AEMY  AND  NAVY  PENSIONS. 

his  place  as  such  Member,  Delegate,  or  Resident  Commis- 

Penaity.  sioner,  shall  be  fined  not  more  than  three  times  the  amount 
of  money  or  value  of  the  thing  so  promised,  offered,  given, 
made,  or  tendered,  and  imprisoned  not  more  than  three 
years. 

Member  of  con-  Whoever,  being  elected  or  appointed  a  Member  of  or 
SSatKfr  pro-  Delegate  to  Congress,  or  a  Resident  Commissioner,  shall, 
trStsg'offices,Ce°tc"  after  his  election  or  appointment  and  either  before  or 

see. 1781'  R' s>  after  he  has  qualified,  and  during  his  continuance  in  office, 
or  being  an  officer  or  agent  of  the  United  States,  shall 
directly  or  indirectly  take,  receive,  or  agree  to  receive, 
from  any  person,  any  money,  property,  or  other  valuable 
consideration  whatever,  for  procuring,  or  aiding  to  pro- 
cure, any  contract,  appointive  office,  or  place,  from  the 
United  States  or  from  any  officer  or  department  thereof, 
for  any  person  whatever,  or  for  giving  any  such  contract, 

offeringconsid- appointive  office,  or  place  to  any  person  whomsoever;  or 

Sereo? congress*"  whoever,  directly  or  indirectly,  shall  offer,  or  agree  to 

give,  or  shall  give,  or  bestow,  any  money,  property,  or 

other  valuable  consideration  whatever,  for  the  procuring, 

or  aiding  to  procure,  any  such  contract,  appointive  office, 

Penalty.  or  place?  shall  be  fined  not  more  than  ten  thousand  dol- 
lars and  imprisoned  not  more  than  two  years;  and  shall, 
moreover,  be  disqualified  from  holding  any  office  of  honor, 
profit,  or  trust  under  the  Government  of  the  United 
States.  Any  such  contract  or  agreement  may,  at  the 
option  of  the  President,  be  declared  void. 

Member^  of  Whoever,  being  elected  or  appointed  a  Senator,  Mem- 
congress  taking  ber  of  or  Delegate  to  Congress,  or  a  Resident  Commis- 

compensation   in 

matters  to  which  sioner,  shall,  after  his  election  or  appointment  and  either 

United  States  are  ^^ 

P£secesi782  R  s  Before  or  after  he  has  qualified,  and  during  his  continu- 
ance in  office,  or  being  the  head  of  a  department,  or  other 
officer  or  clerk  in  the  employ  of  the  United  States,  shall, 
directly  or  indirectly,  receive,  or  agree  to  receive,  any 
compensation  whatever  for  any  services  rendered  or  to 
be  rendered  to  any  person,  either  by  himself  or  another, 
in  relation  to  any  proceeding,  contract,  claim,  controversy, 
charge^  accusation,  arrest,  or  other  matter  or  thing  in 
which  the  United  States  is  a  party  or  directly  or  indi- 
rectly interested,  before  any  department,  court-martial, 
bureau,  officer,  or  any  civil,  military,  or  naval  commis- 
Penaity.  sjon  whatever,  shall  be  fined  not  more  than  ten  thousand 
dollars  and  imprisoned  not  more  than  two  years;  and 
shall,  moreover,  thereafter  be  incapable  of  holding  any 


CRIMINAL  LAW   AND   PROCEDURE. 


169 


and 


1  office  of  honor,  trust,  or  profit  under  the  Government  of 
the  United  States. 

Whoever,  being  an  officer  of  the  United  States,  or  a 

[person  acting  for  or  on  behalf  of  the  United  States,  ingggj  accepting 

any  official  capacity,  under  or  by  virtue  of  the  authority  55^^  f 

of  any  department  or  office  of  the  Government  thereof; 

or  whoever,  being  an  officer  or  person  acting  for  or  on 

behalf  of  either  House  of  Congress,  or  of  any  committee 

of  either  House,  or  of  both  Houses  thereof,  shall  ask,  ac- 

cept, or  receive  any  money,  or  any  contract,  promise, 

i  undertaking,  obligation,  gratuity,  or  security  for  the  pay- 

ment of  money,  or  for  the  delivery  or  conveyance  of  any- 

r  thing  of  value,  with  intent  to  have  his  decision  or  action 

{  on  any  question,  matter,  cause,  or  proceeding  which  may 

at  any  time  be  pending,  or  which  may  by  law  be  brought 

!  before  him  in  his  official  capacity,  or  in  his  place  of  trust 

|  or  profit,  influenced  thereby,  shall  be  fined  not  more  than 

three  times  the  amount  of  money  or  value  of  the  thing  so 

asked,  accepted,  or  received,  and  imprisoned  not  more 

than  three  years  ;  and  shall,  moreover,  forfeit  his  office  or 

i  place  and  thereafter  be  forever  disqualified  from  holding 

j  any  office  of  honor:  trust,  or  profit  under  the  Government 

of  the  United  States. 

Whoever,  directly  or  indirectly,  shall  give  or  offer,  or 
cause  to  be  given  or  offered,  any  money,  property,  or 
i  value  of  any  kind,  or  any  promise  or  agreement  therefor 
I  or  any  other  bribe,  to  any  judge,  judicial  officer,  or  other  Sec-  M49'  R-  s- 
person  authorized  by  any  la*v  of  the  United  States  to 
hear  or  determine  any  question,  matter,  cause,  -proceeding; 
or  controversy,  with  intent  to  influence  his  action,  vote, 
opinion,  or  decision  thereon,  or  because  of  any  such  ac- 
tion, vote,  opinion,  or  decision,  shall  be  fined  not  more 
than  twenty  thousand  dollars,  or  imprisoned  not  more 
than  fifteen  years,  or  both;  and  shall  forever  be  dis- 
qualified to  hold  any  office  of  honor,  trust,  or  profit  under 
the  United  States. 

Whoever,  being  a  juror,  referee,  arbitrator,  appraiser, 
assessor,  auditor,  master,  receiver,  United  States  com-  cepting  bribe 
missioner,  or  other  person  authorized  by  any  law  of  the 
United  States  to  hear  or  determine  any  question,  matter, 
cause,  controversy,  or  proceeding,  shall  ask,  receive,  or 
agree  to  receive,  any  money,  property,  or  value  of  any 
kind,  or  any  promise  or  agreement  therefor,  upon  any 
agreement  or  understanding  that  his  vote,  opinion,  action, 


170  ARMY  AND  NAVY  PENSIONS. 

judgment,  or  decision  shall  be  influenced  thereby,  or  be- 1 
cause  of  any  such  vote,  opinion,  action,  judgment,  oil 

Penalty.         decision,  shall  be  fined  not  more  than  two  thousand  dol  J 
lars,  or  imprisoned  not  more  than  two  years,  or  both. 

witS  accept-  Whoever,  being,  or  about  to  be,  a  witness  upon  a  trial 
hearing,  or  other  proceeding,  before  any  court  or  anj 
officer  authorized  by  the  laws  of  the  United  States  t( 
hear  evidence  or  take  testimony,  shall  receive,  or  agre* 
or  offer  to  receive,  a  bribe,  upon  any  agreement  or  under- 
standing that  his  testimony  shall  be  influenced  thereby 
or  that  he  will  absent  himself  from  the  trial,  hearing,  01 
other  proceeding,  or  because  of  such  testimony,  or  such 

Penalty.  absence,  shall  be  fined  not  more  than  two  thousand  dol- 
lars, or  imprisoned  not  more  than  two  years,  or  both. 
to  ^  two  or  more  persons  in  any  State,  Territory,  or  Dis- 
ict  conspire  to  prevent,  by  force,  intimidation,  or  threat 
dusec!'55i8,  R.  s.  anj  person  from  accepting  or  holding  any  office,  trust 
or  place  of  confidence  under  the  United  States,  or  from 
discharging  any  duties  thereof;  or  to  induce  by  like 
means  any  officer  of  the  United  States  to  leave  any  State. 
Territory,  district,  or  place,  where  his  duties  as  an  officer 
are  required  to  be  performed,  or  to  injure  him  in  hi? 
person  or  property  on  account  of  his  lawful  discharge  oi 
the  duties  of  his  office,  or  while  engaged  in  the  lawful 
discharge  thereof,  or  to  injure  his  property  so  as  t< 
molest,  interrupt,  hinder,  or  impede  him  in  the  discharj 
of  his  official  duties,  each  of  such  persons  shall  be  finec 

penalty.  not  ^more  than  five  thousand  dollars,  or  imprisoned  not 
more  than  six  years,  or  both. 

sec.  loso,  R.  s.     First.  If  two  or  more  persons  in  any  State  or  Territorv 

Conspiracy.  J 

33JUvyi2' p86284:ConsP^re  to  Prevent?  by  force,  intimidation,  or  threat. 
Apr.'%wh,  c!any  person  from  accepting  or  holding  any  office,  trust. 
is-  Mar.i,i875,c.  or  place  of  confidence  under  the  United  States,  or  from 

114,  sec.  2,  v.  18, 

P. 336.  discharging  any  duties  thereof;   or  to   induce  by   like 

means  any  officer  of  the  United  States  to  leave  any  State, 
district,  or  place,  where  his  duties  as  an  officer  are  re- 
quired to  be  performed,  or  to  injure  him  in  his  person  or 
property  on  account  of  the  lawful  discharge  of  the  duties 
of  his  office,  or  while  engaged  in  the  lawful  discharge 
thereof,  or  to  injure  his  property  so  as  to  molest,  inter- 
rupt, hinder,  or  impede  him  in  the  discharge  of  his  official 
duties ; 

Second.  If  two  or  more  persons  in  any  State  or  Ter- 
ritory conspire  to  deter,  by  force,  intimidation,  or  threat, 


CRIMINAL  LAW  AND  PROCEDURE.  171 

any  party  or  Avitness  in  any  court  of  the  United  States 
from  attending  such  court,  or  from  testifying  to  any 
matter  pending  therein,  freely,  fully,  and  truthfully,  or 
to  injure  such  party  or  witness  in  his  person  or  property 
on  account  of  his  having  so  attended  or  testified,  or  to 
influence  the  verdict,  presentment,  or  indictment  of  any 
grand  or  petit  juror  in  any  such  court,  or  to  injure  such 
juror  in  his  person  or  property  on  account  of  any  verdict, 
presentment,  or  indictment  lawfully  assented  to  by  him, 
or  of  his  being  or  having  been  such  juror;  or  if  two  or 
more  persons  conspire  for  the  purpose  of  impeding, 
hindering,  instructing,  or  defeating  in  any  manner,  the 
due  course  of  justice  in  any  State  or  Territory,  with  in- 
tent to  deny  to  any  citizen  the  equal  protection  of  the 
laws,  or  to  injure  him  or  his  property  for  lawfully 
enforcing,  or  attempting  to  enforce,  the  right  of  any 
person,  or  class  of  persons,  to  the  equal  protection  of  the 
laws ; 

Third.  *  *  *  In  any  case  of  conspiracy  set  forth  in 
tins  section,  if  one  or  more  persons  engaged  therein  do, 
or  cause  to  be  done,  any  act  in  furtherance  of  the  ob- 
ject of  such  conspiracy,  whereby  another  is  injured  in 
his  person  or  property,  or  deprived  of  having  and  exercis- 
ing any  right  or  privilege  of  a  citizen  of  the  United 
States,  the  party  so  injured  or  deprived  may  have  an 
action  for  the  recovery  of  damages,  occasioned  by  such 
injury  or  deprivation,  against  any  one  or  more  of  the 
conspirators. 

Every  person  who,  having  knowledge  that  any  of  the 
wrongs  conspired  to  be  done,  and  mentioned  in  the  pre- 
ceding  section,  are  about  to  be  committed,  and  biniiflg 
power  to  prevent  or  aid  in  preventing  the  commission  of 15- 
the  same,  neglects  or  refuses  so  to  do,  if  such  wrongful 
act  be  committed,  shall  be  liable  to  the  party  injured,  or 
his  legal  representatives,  for  all  damages  caused  by  such 
wrongful  act,  which  such  person  by  reasonable  diligence 
could  have  prevented;  and  such  damages  may  be  recov- 
ered in  an  action  on  the  case ;  and  any  number  of  persons 
guilty  of  such  wrongful  neglect  or  refusal  may  be  joined 
as  defendants  in  the  action;  and  if  the  death  of  any 
party  be  caused  by  any  such  wrongful  act  and  neglect,  the 
legal  representatives  of  the  deceased  shall  have  such  ac- 
tion therefor,  and  may  recover  not  exceeding  five  thousand 
dollars  damages  therein,  for  the  benefit  of  the  widow  of 


172  ARMY  AND  NAVY  PENSIONS. 

the  deceased,  if  there  be  one,  and  if  there  be  no  widow 
then  for  the  benefit  of  the  next  of  kin  of  the  deceased. 
But  no  action  under  the  provisions  of  this  section  shall 
be  sustained  which  is  not  commenced  within  one  year 
after  the  cause  of  action  has  accrued. 

code,  jf  two  or  more  persons  conspire  either  to  commit  any 
s  offense  against  the  United  States,  or  to  defraud  the 
187^*21  Itiit  L7'  United  States  in  any  manner  or  for  any  purpose,  and  one 
4»c-8-  or  more  of  such  parties  do  any  act  to  effect  the  object 

of  the  conspiracy,  each  of  the  parties  to  such  conspiracy 
Penalty.          shall  be  fined  not  more  than  ten  thousand  dollars,  or  im-| 

prisoned  not  more  than  two  years,  or  both. 

isTjfV^tat  L',     That  any  claim-agent,  attorney,  or  other  person  en- 
13p'enaity   upon  £aged  ^n  tne  collection  of  claims  for  pay,  bounty,  pen- 
forrSSfgwfth-  si°n>  or  other  allowances  for  any  soldier,  sailor,  or  marine, 
ta!iS1tondSiverop  ^or  aii^  commissioned  officer  of  the  military  or  naval 
oMandgwa^Tants  f°rcesj  or  wno  mav  have  been  a  soldier,  sailor,  marine,  or 
etc  any   soldier'  officer  of  the  regular  or  volunteer  forces  of  the  United 
States,  and  honorably  discharged,  who  shall  retain,  with- 
out the  consent  of  the  owner  or  owners  thereof,  or  shall  re- 
fuse to  deliver  or  account  for  the  same  upon  demand  duly 
made  by  the  owner  or  owners  thereof,  or  by  their  agent 
or  attorney,  the  discharge-papers  or  land-warrant  of  any 
such  soldier,  sailor,  or  marine,  or  commissioned  officer, 
which  may  have  been  placed  in  his  hands  for  the  purpose 
of  collecting  said  claims,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction,  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment not  exceeding  six  months,  or  both,  at  the  discretion 
of  the  court,  and  shall  thereafter  be  debarred  from  prose- 
cuting any  such  claim  in  any  executive  department  of 
the  Government. 

Attorney  R'for     Any  agent  or  attorney,  or  any  other  person  instru- 
mandingnsn?oremen^a^  ^n  Prosecuting  any  claim  for  pension  or  bounty 
than    legal    fee,  land,  who  shall  directly  or  indirectly  contract  for,  de- 
Act    Mar.    3,man(j   or  receive  or  retain  anv  greater  compensation  for 

Io7oj     S6C.     o.Lj     I/ 

stat.  L.,  575.  njs  services,  or  instrumentality  in  prosecuting  a  claim  for 
pension  or  bounty  land  than  is  provided  in  the  Title  per- 
taining to  pensions,  or  who  shall  Avrongfully  withhold 
from  a  pensioner  or  claimant  the  whole  or  any  part  of 
the  pension  or  claim  allowed  and  due  such  pensioner  or 
claimant,  or  the  land-warrant  issued  to  any  such  claim- 
ant, shall  be  deemed  guilty  of  a  high  misdemeanor,  and, 
upon  conviction  thereof,  shall  for  every  such  offense  be 


CRIMINAL  LAW  AND  PROCEDURE.  173 

fined  not  exceeding  five  hundred  dollars,  or  imprison- 
ment at  hard  labor  not  exceeding  two  years,  or  both,  at 
the  discretion  of  the  court. 

"  SEC.  4785.  No  agent  or  attorney  or  other  person  shall 
demand  or  receive  any  other  compensation  for  his  services 
in  prosecuting  a  claim  for  pension  or  bounty  land  than 
such  as  the  Commissioner  of  Pensions  shall  direct  to  be 
paid  to  hiin,  not  exceeding  twenty-five  dollars;  nor  shall 
such  agent,  attorney  or  other  person  demand  or  receive 
such  compensation,  in  whole  or  in  part,  until  such  pen- 
sion or  bounty-land  claim  shall  be  allowed:  Provided, 
That  in  all  claims  allowed  since  June  twentieth  eighteen 
hundred  and  seventy-eight  where  it  shall  appear  to  the 
satisfaction  of  the  Commissioner  of  Pensions  that  the  ceSaXcasefto be 
fee  of  ten  dollars,  or  any  part  thereof,  has  not  been  paid,  pe£n.d 
he  shall  cause  the  same  to  be  deducted  from  the  pension, 
and  the  pension  agent  to  pay  the  same  to  the  recognized 
attorney." 

*     Any  agent  or  attorney  or  other  person  in-    sec.  4,  id.,  part. 

,    7      .  ,.  ,    .  -  .  Penalty  for  vio- 

strumental  in  prosecuting  any  claim  for  pension  oriationofactreiat- 
bounty  land,  who  shall  directly  or  indirectly  contract  for,p°nsatioen.°rc 
demand  or  receive  or  retain  any  greater  compensation 
for  his  services  or  instrumentality  in  prosecuting  a  claim 
for  pension  or  bounty  land  than  is  herein  provided^  or  for 
payment  thereof  at  any  other  time  or  in  any  other  manner 
than  is  herein  provided,  or  who  shall  wrongfully  with- 
hold from  a  pensioner  or  claimant  the  whole  or  any  part 
of  the  pension  or  claim  allowed  and  due  such  pensioner 
or  claimant,  or  the  land  warrant  issued  to  any  such  claim- 
ant, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  for  every  such  offense  be  fined 
not  exceeding  five  hundred  dollars,  or  imprisoned  at  hard 
labor  not  exceeding  two  years,  or  both,  in  the  discretion 
of  the  court. 

That  no  agent,  attorney,  or  other  person  engaged  *n  iggo^'stX  L' 
preparing,  presenting,  or  prosecuting  any  claim  under  I8j 
the  provisions  of  this  act  shall,  directly  or  indirectly,  con- 
tract for,  demand,  receive,  or  retain  for  such  services  in 
preparing,  presenting,  or  prosecuting  such  claim  a  sum 
greater  than  ten  dollars,  which  sum  shall  be  payable  only 
upon  the  order  of  the  Commissioner  of  Pensions,  by  the 
pension  agent  making  payment  of  the  pension  allowed, 
and  any  person  who  shall  violate  any  of  the  provisions  of 
this  section,  or  who  shall  wrongfully  withhold  from  a 
pensioner  or  claimant  the  whole  or  any  part  of  a  pension  j^^ne°  .n  from 


174  ARMY  AND    NAVY  PENSIONS. 

or  claim  allowed  or  due  such  pensioner  or  claimant  under  I 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  I 
upon  conviction  thereof  shall,  for  each  and  every  such  I 
prisonmentd  im~  onPence5  be  fined  not  exceeding  five  hundred  dollars,  or  be  I 
imprisoned  at  hard  labor  not  exceeding  two  years,  or  I 
both,  in  the  discretion  of  the  court. 


190^*35  itat  L°'      That  no  claim  agent  or  attorney  shall  be  recognized  in 
64, c. i47> sec. 3.  'the  adiudication  of  claims  under  the  first  section  of  this 

Attorneys,  etc.; 

fees  restricted.  Act,  and  that  no  agent,  attorney,  or  other  person  engaged 
in  preparing,  presenting,  or  prosecuting  any  claim  under 
the  provisions  of  the  second  section  of  this  Act  shall,  di- 
rectly or  indirectly,  contract  for,  demand,  receive,  or  re- 
tain for  such  services  in  preparing,  presenting,  or  prose- 
Amount,  cuting  such  claim  a  sum  greater  than  ten  dollars,  which 
sum  shall  be  payable  only  upon  the  order  of  the  Commis- 
sioner of  Pensions  by  the  pension  agent  making  payment 
of  the  pension  allowed ;  and  any  person  who  shall  violate 
any  of  the  provisions  of  this  section  or  who  shall  wrong- 
fully withhold  from  the  pensioner  or  claimant  the  whole 
or  any  part  of  a  pension  or  claim  allowed  or  due  such 
pensioner  or  claimant  under  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
Penalty.  shall,  for  each  and  every  such  offense,  be  fined  not  ex- 
ceeding five  hundred  dollars  or  be  imprisoned  at  hard 
labor  not  exceeding  two  years,  or  both,  in  the  discretion 
of  the  court. 
Act  Mar.  3,i89i,  Hereafter  no  agent  or  attorney  shall  demand,  receive, 

26  Stat.  L.,  1082,  in  •  i  • 

c.  548,  part.         or   be    allowed    any   compensation   under   existing   law 

Attorney's  fee:  J         .  .  to 

increase  and  exceeding  two  dollars  in  any  claim  tor  increase  of  pen- 
special-act   .  r          '  i  • 
claims.              sion  on  account  of  the  increase  of  the  disability  lor  which 

the  pension  has  been  allowed,  or  for  services  rendered  in 
securing  the  passage  of  any  special  act  of  Congress  grant- 
ing a  pension  or  an  increase  of  pension  in  any  case  that 
has  been  presented  at  the  Pension  Office  or  is  allowable 
-under  the  general  pension  laws: 1  And  provided  further, 
That  any  agent,  attorney,  or  other  person  instrumental 
in  prosecuting  any  claim  for  increase  of  pension  on  ac- 
count of  the  increase  of  disability  for  which  pension  was 
allowed,  or  who  has  rendered  services  in  procuring  the 
passage  of  any  special  act  of  Congress  granting  a  pension 
or  an  increase  of  pension  in  any  case  that  has  been  pre- 
sented at  the  Pension  Office  or  is  allowable  under  the 
general  pension  laws,  who  shall  directly  or  indirectly 
contract  for,  demand,  receive,  or  retain  any  compensa- 

1  See  act  May  28,  1908,  post. 


CRIMINAL  LAW  AND  PROCEDURE.  175 

tion  for  such  services,  except  as  hereinbefore  provided, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall,  for  each  and  every  such  offense, 
be  fined  not  exceeding  five  hundred  dollars  or  imprisoned, 
ot  exceeding  two  years  or  both,  in  the  discretion  of  the 
ourt  :  Provided,  however,  That  the  foregoing  provisions    Proviso- 
a  relation  to  fees  of  agents  or  attorneys  shall  not  apply 
o  any  case  now  pending  where  there  is  an  existing  lawful 
ontract  express  or  implied. 

That  hereafter  no  pension  attorney,  claim  agent,  or  igosfaslS.  Si 
ther  person  shall  be  entitled  to  receive  any  compensation  419»c-208>Part- 
or  services  rendered  in  securing  the  introduction  of  a  bill 
r  the  passage  thereof  through  Congress  granting  pension 
r  increase  of  pension,  and  any  person  who  shall,  directly 
r  indirectly,  contract  for,  demand,  receive,  or  retain  any 
ompensation  for  such  services  shall  be  deemed  guilty 
f  an  offense,  and  upon  conviction  thereof  shall,  for  each 
nd  every  such  offense,  be  fined  not  exceeding  five  hun-  tempntii1/  to1"  ll' 
red  dollars  or  imprisoned  not  exceeding  two  years,  or  En.pec 
oth,  in  the  discretion  of  the  court.1 

That  no  fee,  compensation,  or  allowance  shall  be  paid  2?itat  if.fslsfc'. 
o,  received,  or  accepted  by  any  agent,  attorney,  or  other  37pfns%ns  to 
erson  instrumental  in  the  prosecution  of  any  claim  for^N^feesTr^om- 
ension  under  this  act;  and  any  person  who  may  make  fSnTys?11 
ny  claim  upon  any  applicant  for  any  fee,  compensation, 
r  allowance  shall  be  guilty  of  a  misdemeanor,  and  upon 
onviction  shall  be  fined  not  exceeding  five  hundred  dol- 
ars,  or  imprisoned  at  hard  labor  not  exceeding  one  year, 
r  both,  in  the  discretion  of  the  court  ;  and  it  shall  be  the 
uty  of  the  Interior  and  War  Departments  to  render  all 
roper  aid  to  applicants  under  this  act. 

Every  pension  agent,  or  other  person  employed  or  ap-  secern™1 
ointed  by  him,  who  takes,  receives,  or  demands  any  fee  taSngfe?. 
r  reward  from  any  pensioner  for  any  service  in  con- 
ection  with  the  payment  of  his  pension,  shall  be  fined 
ot  more  than  five  hundred  dollars. 

That  section  forty-seven  hundred  and  forty-five,  title  igsa?  22  setat.     ' 
ft-seven  of  the  Revised  Statutes  of  the  United  States 


hereby  amended  to  read  as  follows  : 

SEC.  4745.  Any  pledge,  mortgage,  sale,  assignment,  or  tran°Lpo?  jen- 
ransfer  of  any  right,  claim,  or  interest  in  any  pensi  on  puSgTor  "receipt 
rhich  has  been,  or  may  hereafter  be,  granted,  shall  be  void  meaner.  a 
nd  of  no  effect,  and  any  person  who  shall  pledge,  or  re- 


language  was  first  used  in  the  pension  appropriation  act  of  Mar. 
0,  1902,  32  Stat.  L.,  62,  c.  147,  and  is  last  used  in  the  act  above  printed. 


176  ARMY  AND   NAVY  PENSIONS. 

ceive  as  a  pledge,  mortgage,  sale,  assignment  or  transfe] 

of  any  right,  claim,  or  interest  in  any  pension,  or  pensioi 

certificate,  which  has  been,  or  may  hereafter  be  granted  o: 

issued,  or  who  shall  hold  the  same  as  collateral  security 

for  any  debt,  or  promise,  or  upon  any  pretext  of  sucl 

security,  or  promise,  shall  be  guilty  of  a  misdemeanor 

and  upon  conviction  thereof  shall  be  fined  in  a  sum  no 

Penalties.        exceeding  one  hundred  dollars  and  the  costs  of  the  prose 

cution;  and  any  person  who  shall  retain  the  certificat 

of  a  pensioner  and  refuse  to  surrender  the  same  upon  th 

demand  of  the  Commissioner  of  Pensions,  or  a  Unite 

States  pension  agent,  or  any  other  person  authorized  b 

the  Commissioner  of  Pensions  or  the  pensioner  to  receiv 

the  same  shall  be  guilty  of  a  misdemeanor,  and  upo 

conviction  thereof  shall  be  fined  in  a  sum  not  exceedin 

one  hundred  dollars  and  the  costs  of  the  prosecution. 

i906Ct34^etat  L7.'     That  section  thirty-six  hundred  and  seventy-nine  o 

48si53679TR3s.! the  Revised  Statutes  of  the  United  States,  as  amended  b 

aTcntdMar.  3,1905,  section  four  of  the  deficiency  appropriation  act  approve 

33  stat.  L.,  1257.  March  third,  nineteen  hundred  and  five,  is  hereby  furth< 

amended  to  read  as  follows: 

in^xcS^ap-     "  SEC-  36T9-  No  Executive  Department  or  other  Govern 

bidden.tion    for"ment  establishment  of  the  United  States  shall  expend,  i 

any  one  fiscal  year,  any  sum  in  excess  of  appropriation 

made  by  Congress  for  that  fiscal  year,  or  involve  the  Gov 

eminent  in   any   contract   or   other   obligation   for  th 

future  payment  of  money  in  excess  of  such  appropria 

tions  unless  such  contract  or  obligation  is  authorized  b; 

.c  voluntary  serv-law>    -^  ghal]  any  Department  or  any  officer  of  the  Gov 

ernment  accept  voluntary  service  for  the  Government  o 
employ  personal  service  in  excess  of  that  authorized  b; 
law,  except  in  cases  of  sudden  emergency  involving  th 
loss  of  human  life  or  the  destruction  of  property.  All  ap 
propriations  made  for  contingent  expenses  or  other  gen 
eral  purposes^  except  appropriations  made  in  fulfillmen 
of  contract  obligations  expressly  authorized  by  law,  or  f o 
objects  required  or  authorized  by  law  without  referenc 
to  the  amounts  annually  appropriated  therefor,  shall,  o: 
prevenrdeficien^ or  before  the  beginning  of  each  fiscal  year,  be  so  appoi 
tioned  by  monthly  or  other  allotments  as  to  prevent  es 
penditures  in  one  portion  of  the  year  which  may  necessi 
tate  deficiency  or  additional  appropriations  to  complet 
the  service  of  the  fiscal  year  for  which  said  appropria 
tions  are  made;  and  all  such  apportionments  shall  b 


CRIMINAL,  LAW  AND   PROCEDURE.  177 

adhered  to  and  shall  not  be  waived  or  modified  except    Exceptions  in 

K    emergencies. 

upon  the  happening  of  some  extraordinary  emergency  or 
unusual  circumstance  which  could  not  be  anticipated  at 
the  time  of  making  such  apportionment,  but  this  provision 
shall  not  apply  to  the  contingent  appropriations  of  the  p^SaS*  a?f 
Senate  or  House  of  Representatives;  and  in  case  said notSude?01186 
apportionments  are  waived  or  modified  as  herein  pro- 
vided, the  same  shall  be  waived  or  modified  in  writing  by  re^e^n  °rders 
the  head  of  such  Executive  Department  or  other  Govern- 
ment establishment  having  control  of  the  expenditure, 
and  the  reasons  therefor  shall  be  fully  set  forth  in  each 
particular  case  and  communicated  to  Congress  in  connec- 
tion with  estimates  for  any  additional  appropriations  re- 
quired on  account  thereof.     Any  person  violating  any 
provision  of  this  section  shall  be  summarily  removed  from 
office  and  may  also  be  punished  by  a  fine  of  not  less  than    Penalty- 
one  hundred  dollars  or  by  imprisonment  for  not  less  than 
one  month." 
Whoever,  with  intent  to  defraud  either  the  United  0JFri£linal  Code' 

'  SGC.  o-. 

States  or  any  person,  shall  falsely  assume  or  pretend  to  tending7  to  Pbe 

be  an  officer  or  employee  acting  under  the  authority  of  JS^     states 

the  United  States,  or  any  Department,  or  any  officer  of  the  18^ct23Astat  L' 

Government  thereof,  and  shall  take  upon  himself  to  act  as 1L 

such,  or  shall  in  such  pretended  character  demand  or 

obtain  from  any  person  or  from  the  United  States,  or  any 

Department,  or  any  officer  of  the  Government  thereof, 

any  money,  paper,  document,  or  other  valuable  thing, 

shall  be  fined  not  more  than  one  thousand  dollars,  or  im-    Penalty- 

prisoned  not  more  than  three  years,  or  both. 

Whoever  shall  falsely  personate  any  true  and  lawful 
holder  of  any  share  or  sum  in  the  public  stocks  or  debt  of 
the  United  States,  or  any  person  entitled  to  any  annuity, 
dividend,  pension,  prize  money,  wages,  or  other  debt  due 
from  the  United  States,  and,  under  color  of  such  false 
personation,  shall  transfer  or  endeavor  to  transfer  such 
public  stock  or  any  part  thereof,  or  shall  receive  or  en- 
deavor to  receive  the  money  of  such  true  and  lawful 
holder  thereof,  or  the  money  of  any  person  really  entitled 
to  receive  such  annuity,  dividend,  pension,  prize  money, 
wages,  or  other  debt,  shall  be  fined  not  more  than  five  Penalty- 
thousand  dollars  and  imprisoned  not  more  than  ten  years. 

Whoever  shall  knowingly  or  fraudulently  demand  or    Fdaiseec'de4mand 
endeavor  to  obtain  any  share  or  sum  in  the  public  stocks  °°we/r0afud^t\e0nr! 
of  the  United  States,  or  to  have  any  part  thereof  trans-  ne|^ >5436j  R  s 
8001°— 12 13 


178  ARMY   AND    NAVY   PENSIONS. 

f erred,  assigned,  sold,  or  conveyed,  or  to  have  any  an- 1 
nuity,  dividend,  pension,  prize  money,  wages,  or  other! 
debt  due  from  the  United  States,  or  any  part  thereof,  re- 1 
ceived,  or  paid  by  virtue  of  any  false,  forged,  or  counter- 1 
feited  power  of  attorney,  authority,  or  instrument,  shall 
be  fined  not  more  than  five  thousand  dollars  and  im- 
prisoned not  more  than  ten  years. 

isinct26^tat  L°'  That  sections  forty-seven  hundred  and  eighty-three 
74seL134783  and an(^  fifty-four  hundred  and  eighty-six  of  the  Revised 
amended11'  s>' Statutes  be,  and  the  same  are  hereby,  so  amended  as  to 

read  as  follows : 

^  ^Embezzlement  "  Every  guardian,  conservator,  curator,  committee, 
money.  tutor,  or  other  person  having  charge  and  custody  in  a 

fiduciary  capacity  of  the  pension  of  his  ward,  who  shall 
embezzle  the  same  in  violation  of  his  trust,  or  fraudulently 
convert  the  same  to  his  own  use,  shall  be  punished  by  fine 
not  exceeding  two  thousand  dollars  or  imprisonment  at 
hard  labor  for  a  term  not  exceeding  five  years,  or  both, 
at  the  discretion  of  the  court." 

se£I8i6.linal  Code'     Whoever,  being  an  officer,  clerk,  agent,  employee,  or 
iar^eresSm°gthan  other  person  charged  with  the  payment  of  any  appropria- 
arsecai5483,  R.  s.  tion  made  by  Congress,  shall  pay  to  any  clerk  or  other 
employee  of  the  United  States  a  sum  less  than  that  pro- 
vided by  law,  and  require  such  employee  to  receipt  o 
give  a  voucher  for  an  amount  greater  than  that  actuall 
paid  to  and  received  by  him,  is  guilty  of  embezzlement, 
Penalty.          an(j  sna}j  be  fine(j  in  double  the  amount  so  withheld  fro 
any  employee  of  the  Government  and  imprisoned  no 
more  than  two  years. 
Failure  9of  offl-     Every  officer  or  agent  of  the  United  States  who,  havin 
counts.render  a°~  received  public  money  which  he  is  not  authorized  to  re- 
iec.  5491,  R.  s.  tain  ag  sa]ary^  paVj  or  emolument,  fails  to  render  his  ac- 
counts for  the  same  as  provided  by  law  shall  be  deemed 
Penalty.         guilty  of  embezzlement,  and  shall  be  fined  in  a  sum  equal 
to  the  amount  of  the  money  embezzled  and  imprisoned 
not  more  than  ten  years. 

Sfinatocteevt-     The  refusal  of  any  person,  whether  in  or  out  of  office, 
ziement°f  embez~  charged  with  the  safe-keeping,  transfer,  or  disbursement 
sec.  5495,  R.S.  of  ^Q  public  money  to  pay  any  draft,  order,  or  warrant, 
drawn  upon  him  by  the  proper  accounting  officer  of  the 
Treasury,  for  any  public  money  in  his  hands  belonging 
to  the  United  States,  no  matter  in  what  capacity  the  same 
may  have  been  received,  or  may  be  held,  or  to  transfer  or 
disburse  any  such  money,  promptly,  upon  the  legal  re- 
quirement  of   any   authorized  officer^   shall  be   deemed, 


CRIMINAL  LAW  AND  PROCEDURE. 


179 


g 


Sec-5454,R.s. 


jpon  the  trial  of  any  indictment  against  such  person  for 
;mbezzlement,  prima  facie  evidence  of  such  embezzlement. 

If  any  officer  charged  with  the  disbursement  of  the  pub- 
ic  moneys  accepts,  receives,  or  transmits  to  the  Treasury 
Department  to  be  allowed  in  his  favor  any  receipt  or 
voucher  from  a  creditor  of  the  United  States  without 
laving  paid  to  such  creditor  in  such  funds  as  the  officer 
received  for  disbursement,  or  in  such  funds  as  he  may  be 
authorized  by  law  to  take  in  exchange,  the  full  amount 
specified  in  such  receipt  or  voucher,  every  such  act  is  an 
ict  of  conversion  by  such  officer  to  his  own  use  of  the 
imount  specified  in  such  receipt  or  voucher. 

Whoever  shall  take  and  carry  away,  without  authority 
from  the  United  States,  from  the  place  where  it  has  been 
iled,  lodged,  or  deposited,  or  where  it  may  for  the  time 
3eing  actually  be  kept  by  authority  of  the  United  States, 
my  certificate,  affidavit,  deposition,  written  statement  of 
facts,  power  of  attorney,  receipt,  voucher,  assignment, 
3r  other  document,  record,  file,  or  paper,  prepared,  fitted, 
:>r  intended  to  be  used  or  presented  in  order  to  procure 
the  payment  of  money  from  or  by  the  United  States,  or 
my  officer  or  agent  thereof^  or  the  allowance  or  payment 
)f  the  whole  or  any  part  of  any  claim,  account,  or  demand 
igainst  the  United  States,  whether  the  same  has  or  has 
not  already  been  so  used  or  presented,  and  whether  such 
im,  account,  or  demand,  or  any  part  thereof,  has  or  has 
not  already  been  allowed  or  paid  ;  or  whoever  shall  pre- 
-ent,  use,  or  attempt  to  use.  any  such  document,  record, 
file,  or  paper  so  taken  and  carried  away:  in  order  to  pro- 
mre  the  payment  of  any  money  from  or  by  the  United 
States,  or  any  officer  or  agent  thereof,  or  the  allowance 
)r  payment  of  the  whole  or  any  part  of  any  claim,  ac- 
count, or  demand  against  the  United  States,  shall  be  fined 
not  more  than  five  thousand  dollars,  or  imprisoned  not 
nore  than  ten  years,  or  both. 

Whoever  shall  rob  another  of  any  kind  or  description 
of  personal  property  belonging  to  the  United  States,  or 
shall  feloniously  take  and  carry  away  the  same,  shall  be    sec.  5456,  R.S. 
fined  not  more  than  five  thousand  dollars,  or  imprisoned    Penaity- 
lot  more  than  ten  years,  or  both. 

Whoever  shall  embezzle,  steal,  or  purloin  any  money, 
property,  record,  voucher,  or  valuable  thing  whatever,  o 
:he  moneys,  goods,  chattels,  records,  or  property  of  the 
Jnited  States,  shall  be  fined  not  more  than  five  thousand  sec-  l 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 


Penalty. 


180  ARMY  AND   NAVY   PENSIONS. 

Seeders,'  etc.,     Whoever  shall  receive,  conceal,  or  aid  in  concealing,  o 

property!  ^ubliCsnall  have  or  retain  in  his  possession  with  intent  to  con 

i&ABt&xi?'lO9, vel>t  to  his  own  use  or  gain,  any  money,  property,  recorc 

sec.  2.  voucher,   or   valuable  thing   whatever,   of   the  money 

goods,  chattels,  records,  or  property  of  the  United  State 

which  has  theretofore  been  embezzled,  stolen,  or  pur 

loined  by  any  other  person,  knowing  the  same  to  hav 

been  so  embezzled,  stolen,  or  purloined,  shall  be  fined  no 

more  than  five  thousand  dollars,  or  imprisoned  not  mor 

than  five  years,  or  both;  and  such  person  may  be  trie 

either  before  or  after  the  conviction  of  the  principa 

offender. 

Destr?ying8etc.,  Whoever  shall  willfully  and  unlawfully  conceal,  re 
pls*ecC£S3rR's  move,  mutilate,  obliterate,  or  destroy,  or  attempt  to  con 
ceal,  remove,  mutilate,  obliterate,  or  destroy,  or,  wit 
intent  to  conceal,  remove,  mutilate,  obliterate,  destroy 
or  steal,  shall  take  and  carry  away  any  record,  proceec 
ing,  map,  book,  paper,  document,  or  other  thing,  filed  o 
deposited  with  any  clerk  or  officer  of  any  court  of  th 
United  States,  or  in  any  public  office,  or  with  any  ju 
dicial  or  public  officer  of  the  United  States,  shall  b 

Penalty.  fined  not  more  than  two  thousand  dollars,  or  imprisoned 
not  more  than  three  years,  or  both. 

id.,  sec.  129.         Whoever,  having  the  custody  of  any  record,  proceeding 
ordseby°officer1nmap,  book,  document,  paper,  or  other  thing  specified  ir 

sec. 5408, R.S.  the  preceding  section,  shall  willfully  and  unlawfully  con- 
ceal, remove,  mutilate,  obliterate,  falsify,  or  destroy  an} 
such  record,  proceeding,  map,  book,  document,  paper,  01 

Penalty.  thing,  shall  be  fined  not  more  than  two  thousand  dollars 
or  imprisoned  not  more  than  three  years,  or  both;  anc 
shall  moreover  forfeit  his  office  and  be  forever  afterwards 
disqualified  from  holding  any  office  under  the  Govern 
ment  of  the  United  States. 

EdxtoSio?'  by     Every  officer,  clerk,  agent,  or  employee  of  the  Unitec 

Oflecal548i  R  s  States,  and  every  person  representing  himself  to  be  01 

act  Jun^s^im  assuming  to  act  as  such  officer,  clerk,  agent,  or  employee 

34  stat.  L.,  546.   who,  under  color  of  his  office,  clerkship,  agency,  or  em 

ployment,  or  under  color  of  his  pretended  or  assumec 

office,   clerkship,   agency,   or  employment,   is  guilty   o: 

extortion,  and  every  person  who  shall  attempt  any  aci 

which  if  performed  would  make  him  guilty  of  extortion 

Penalty.  shall  be  fined  not  more  than  five  hundred  dollars,  or  im 
prisoned  not  more  than  one  year,  or  both. 


CRIMINAL  LAW  AND  PROCEDURE.  181 

Whoever  shall,  under  a  threat  of  informing,  or  as  a    ^onion5'  by 
[consideration  for  not  informingj  against  any  violation informer- 
'of  any  law  of  the  United  States,  demand  or  receive  any 
money  or  other  valuable  thing,  shall  be  fined  not  more 
than  two  thousand  dollars,  or  imprisoned  not  more  than    Penalty. 
one  year,  or  both. 

Whoever,  having  knowledge  of  the  actual  commission    id.,sec.i46. 

Misprision      ol 

|  of  the  crime  of  murder  or  other  felony  cognizable  by  the  fel™f •  w  R  g 
'courts  of  the  United  States,  conceals  and  does  not  as 
soon  as  may  be  disclosed  and  make  known  the  same  to 
some  one  of  the  judges  or  other  persons  in  civil  or  mili- 
tary authority  under  the  United  States,  shall  be  fined  not 
jmore  than  five  hundred  dollars,  or  imprisoned  not  more    Penalty. 
than  three  years,  or  both. 

Whoever  directly  commits  any  act  constituting  an  of-  who^re32'rin- 
fense  defined  in  any  law  of  the  United  States,  or  aids  cipais. 

o6CS.    Oo^o    SHU. 

abets,  counsels,  commands,  induces^  or  procures  its  com-5427*11-8- 
mission,  is  a  principal. 

Whoever,  except  as  otherwise  expressly  provided  by    p^nghmen't  oi 
law,  being  an  accessory  after  the  fact  to  the  commission  ^g^ssoriff33  ^d 
of  any  offense  defined  in  any  law  of  the  United  States,  5535'R-S- 
shall  be  imprisoned  not  exceeding  one-half  the  longest 
term  of  imprisonment,  or  fined  not  exceeding  one-half 
the  largest  fine  prescribed  for  the  punishment  of  the 
principal,  or  both,  if  the  principal  is  punishable  by  both 
fine  and  imprisonment;  or  if  the  principal  is  punishable 
by  death,  then  an  accessory  shall  be  imprisoned  not  more 
than  ten  years. 

All  offenses  which  may  be  punished  by  death,  or  im-  FeioSnTes335'and 
prisonment  for  a  term  exceeding  one  year,  shall  be  deemed  misdemeanors  de- 
felonies.  All  other  offenses  shall  be  deemed  misdemeanors. 

The  repeal  of  existing  laws  or  modifications  thereof    id^ed3rights, 
embraced  in  this  title  shall  not  affect  any  act  done,  or etc- not  affected: 
any  right  accruing  or  accrued,  or  any  suit  or  proceeding 
had  or  commenced  in  any  civil  cause  prior  to  said  repeal 
or  modifications,  but  all  liabilities  under  said  laws  shall 
continue  and  may  be  enforced  in  the  same  manner  as  if 
said  repeal  or  modifications  had  not  been  made. 

All  offenses  committed,  and  all  penalties,  forfeitures,  or    pd^sfe' cSions 
liabilities  incurred  prior  to  the  taking  effect  hereof,  under  a 
any  law  embraced  in,  or  changed,  modified,  or  repealed 
by  this  title,  may  be  prosecuted  and  punished  in  the  same 
manner  and  Avith  the  same  effect  as  if  this  Act  had  not 
been  passed. 


182  ARMY   AND   NAVY   PENSIONS. 

I 

M  sec.  344.          AH  ac£S  Of  limitation,  whether  applicable  to  civil  causes! 

Acts  of  liniita- 

tion-  and  proceedings,  or  for  the  recovery  of  penalties  or  for-  1 

feitures,  embraced  in,  modified,  changed,  or  repealed  b}| 
this  title,  shall  not  be  affected  thereby;  and  all  suits  oil 
proceedings  for  causes  arising  or  acts  done  or  committee  I 
prior  to  the  taking  effect  hereof  may  be  commenced  anc 
prosecuted  within  the  same  time  and  with  the  same  effecl 
as  if  said  repeal  had  not  been  made. 
in''  Set45  jan      This  Act  shall  take  effect  and  be  in  force  on  and  aftei 


i,  1910.  tjie  firs£  jay  of  January,  nineteen  hundred  and  ten. 

ltatute4ofRiimi-     -^°  Person  shall  be  prosecuted,  tried  or  punished  foi 

taActs8'  Apr   30iany  offense  not  capital,  except  as  provided  in  section  one 

stat  L^iiQ-fApr1.  thousand  and  forty-six,  unless  the  indictment  is  found 

L3',328,733.19  stat'or  the  information  is  instituted  within  three  years  nexi| 

after  such  offense  shall  have  been  committed.     But  thi 

act  shall  not  have  effect  to  authorize  the  prosecution,  tria 

or  punishment  for  any  offense,  barred  by  the  provision 

of  existing  laws. 

fteerng5'  \om     Nothing  in  the  two  preceding  sections  shall  extend  t< 
JUActe'  Apr    30,  any  Person  fleeing  from  justice.1 

1790,    sec.    32,    1  _     _ 
Stat.  L.,  119. 


1  Sec.  1043  relates  to  capital  offenses. 


Chapter  XL 


REGULATIONS  AND  INSTRUCTIONS  RELATING  TO  PENSION 

CLAIMS. 


DECLARATIONS  AND  EVIDENCE. 

PENSIONS  TO  SURVIVORS  OF  WARS  PRIOR  TO 

MAR.  4,  1861,  AND  THEIR  WIDOWS. 
PENSIONS  TO  INVALIDS  SINCE  MAR.  4,  1861. 
EVIDENCE  REQUIRED  IN  INVALID  CLAIMS. 
NAVY  SERVICE  PENSIONS. 
PENSIONS  TO  WIDOWS  SINCE  MAR.  4,  1861. 
PENSIONS  TO   MINORS   SINCE  MAR.  4,   1861. 
PENSIONS  TO  HELPLESS  CHILDREN. 
PENSIONS  TO  DEPENDENT  RELATIVES. 
CLAIMS  FOR  RENEWAL  AND  RESTORATION. 
PENSIONS  TO  ARMY  NURSES. 


DIVISION  OF  PENSION,  ACT  OF  MAR.  3,  1899. 
CLAIMS  FOR  SHARE  OF  PENSION  OF  INMATES 

OF  THE  GOVERNMENT  HOSPITAL  FOR  THE 

INSANE. 
CLAIMS  FOR  PAYMENT  OF  PENSION  TO  WIVES 

OF  INSANE  PENSIONERS,  OR  TO  WIVES  OF 

PENSIONERS  UNDERGOING  IMPRISONMENT. 
ACCRUED  AND  REIMBURSEMENT  CLAIMS. 
WITNESSES  AND  TESTIMONY. 
COPIES  OR  ORIGINALS  OF  PAPERS. 
MISCELLANEOUS. 


REGULATIONS   AND   INSTRUCTIONS   RELATING   TO   PENSION 

CLAIMS. 

DECLARATIONS   AND  EVIDENCE. 

All  declarations  and  affidavits  must  be  executed  before  some  officer 
duly  authorized  to  administer  oaths  for  general  purposes,  in  ac- 
cordance with  the  provisions  of  the  act  of  Congress  approved  July 
26,  1892,  page  81. 

Blank  forms  of  declarations  will  be  furnished  to  claimants  upon 
application  therefor.  They  will  not  be  furnished  to  agents  or  at- 
torneys in  bulk,  but  sample  forms  will  be  sent  on  request. 

A  claimant  may  prosecute  his  claim  by  attorney  or  in  person,  and 
if  he  prosecute  it  in  person  it  will  receive  the  same  consideration  by 
the  Bureau  of  Pensions  as  it  would  receive  if  prosecuted  by  an  at- 
torney. 

PENSIONS  TO  SURVIVORS  OF  WARS  PRIOR  TO    1861,  AND  TO  THEIR  WIDOWS. 

1.  War  of  the  Revolution,  service  pensions. — (a)  Widows  of 
soldiers  who  served  for  14  days  or  more,  or  were  in  battle  during 
the  war,  are  entitled,  provided  they  have  not  remarried,  to  $8  per 
month  from  March  9,  1878,  and  $12  per  month  from  March  19,  1886. 
(5)  The  widow  of  a  Revolutionary  soldier  who,  in  his  lifetime,  was 
granted  a  pension,  is  entitled,  under  section  4743,  Revised  Statutes. 
to  pension  at  the  same  rate  as  was  paid  the  husband,  notwithstanding 
remarriage,  upon  proof  of  present  widowhood,  (c)  There  is  no  law 
granting  pension  to  the  daughters  or  other  descendents  of  soldiers 

183 


184  ARMY  AND   NAVY  PENSIONS. 

of  the  Kevolution.  The  daughters  of  Kevolutionary  soldiers  now 
drawing  pensions  were  placed  on  the  pension  roll  by  special  acts  of 
Congress. 

2.  War  of  1812,  service  pensions. — (a)  Under  the  act  of  March 
9,  1878,  soldiers  and  sailors  who  served  14  days  or  more,  or  were  in 
any  engagement,  during  this  war,  and  were  honorably  discharged, 
and  the  widows  of  such  soldiers  and  sailors,  irrespective  of  the  date 
of  marriage,  are  entitled  to  $8  per  month  from  March  9, 1878.    Under 
the  act  of  March  19,  188G,  widow  pensioners  mentioned  in  this  para- 
graph are  entitled  to  $12  per  month  from  that  date.     (&)   There  is  | 
no  law  granting  service  pensions  to  the  descendents  of  soldiers  or 
sailors  of  the  War  of  1812. 

3.  Indian  wars  from  1832  to  184%,  service  pensions. —  (a)  The  ac 
of  July  27,  1892.  provides  pensions  for  the  surviving  officers  anc 
enlisted  men,  including  marines,  militia,  and  volunteers,  who  were 
in  the  military  or  naval  service  of  the  United  States  for  30  days  in 
the  Black  Hawk  War,  the  Creek  War,  the  Cherokee  disturbances,  or 
the  Florida  War  \vith  the  Seminole  Indians,  and  were  honorably 
discharged ;  or  who  were  personally  named  in  any  resolution  of  Con 
gress  for  specific  services  therein ;  and  for  their  widows,  providec 
they  have  not  remarried.     Claimants  under  this  act  must  be  actua 
and  bona  fide  residents  of  the  United  States  at  the  date  of  making 
application.     All  pensions  under  this  act  are  fixed  at  $8  per  month 
irrespective  of  rank,  are  not  subject  to  increase  for  any  cause,1  anc 
are  payable  from  July  27,  1892;  the  pension  of  a  widow  whose 
husband  was  living  on  that  date  commences  from  the  day  of  his  death. 

Indian  ivars  from  1817  to  1858. — The  provisions  of  the  foregoing 
act  of  July  27,  1892,  were  extended  by  the  act  of  June  27,  1902,  from 
the  date  of  its  passage,  to  the  surviving  officers  and  enlisted  men,  in- 
cluding marines,  militia,  and  volunteers  of  the  military  and  naval 
service  of  the  United  States  who  served  for  30  days  or  more  and  were 
honorably  discharged  under  the  United  States  military,  State,  Terri- 
torial, or  provisional  authorities  in  certain  specified  Indian  wars 
occurring  from  1817  to  1858.  This  act  also  made  provision  for  the 
surviving  widows,  who  have  not  remarried,  of  such  officers  and  men. 
In  establishing  these  claims  a  record  of  pay  by  the  United  States  is 
accepted  to  prove  record  of  enlistment  and  service. 

Indian  wars,  etc.,  from  1855  to  1860. — The  provisions  of  the  fore- 
going act  of  July  27,  1892,  were  extended  by  the  act  of  May  30,  1908, 
to  the  surviving  officers  and  enlisted  men  of  the  Texas  volunteers  who 
served  in  the  defense  of  the  frontier  of  that  State  against  Mexican 
marauders  and  Indian  depredations  from  the  year  1855  to  the  year 

1  Sec.  1,  act  Apr.  19,  1908,  establishes  a  minimum  rate  of  $12  per  month  for  all  pensions 
granted  to  widows.  After  that  date  the  rate  allowable  to  the  widows  of  officers  and  en- 
listed men  who  served  in  the  Indian  wars  is  increased  from  $8  to  $12  per  month. 


BEGULATIONS  AND  INSTRUCTIONS.  185 

[I860,  inclusive,  and  to  the  surviving  widows,  who  have  not  remarried, 
such  officers  and  men.  In  establishing  these  claims,  where  there 
is  no  record  of  enlistment  or  muster  into  the  service  of  the  United 
States,  the  fact  of  reimbursement  to  the  State  of  Texas  by  the  United 
States,  as  evidenced  by  the  muster  rolls  and  vouchers  on  file  in  the 
!War  Department,  shall  be  accepted  as  full  and  satisfactory  proof  of 
enlistment  and  service. 

4.  Mexican  War,  service  pensions. — (a)  Under  the  act  of  January 
129,  1887,  officers  and  enlisted  men  who  were  in  the  military  or  naval 
service  of  the  United  States  for  60  days  in  the  Mexican  War,  or  on 
the  coasts  or  frontier  thereof,  or  en  route  thereto,  or  who  were  in  a 
>attle  and  were  honorably  discharged,  or  who  were  personally  named 
in  any  resolution  of  Congress  for  specific  services  therein,  are  entitled 
to  pension  if  62  years  of  age;  or,  if  not,  upon  proof  of  pensionable 
disability  or  dependence,  but  disability  incurred  while  voluntarily 
aiding  or  abetting  the  late  rebellion  does  not  give  title  to  pension. 
Widows  of  officers  and  enlisted  men  who  served  as  above  are  en- 
itled  to  pension  upon  the  same  conditions  as  to  age  or  dependence  as 
apply  to  officers  and  enlisted  men.  (c)  Pensions  under  this  act  com- 
mence on  January  29,  1887,  if  a  pensionable  condition  existed  at  that 
date,  in  survivors'  claims,  by  reason  of  age,  dependence,  or  disability, 
and  in  widows'  claims,  by  reason  of  age  or  dependence ;  if  not,  then  on 
;he  date  the  applicant  becomes  62  years  of  age,  or  dependent,  or  dis- 
abled within  the  meaning  of  the  law.  (d)  The  rate  of  pension  to 
survivors  is  $8  per  month,  irrespective  of  rank.  This  rate  for  sur- 
vivors was  increased  by  the  act  of  January  5,  1893,  to  $12  per  month, 
)ut  its  benefits  were  limited  to  those  who  were  pensioners  on  Janua^ 
5,  1893.  To  secure  this  increase  the  act  requires  that  a  pensioner 
must  show  that  he  is  Avholly  disabled  for  manual  labor  and  in  such 
destitute  circumstances  that  $8  per  month  is  a  sum  insufficient  to  pro- 
vide him  with  the  necessaries  of  life.  The  act  of  April  23,  1900,  re- 
moved the  limitation  imposed  in  the  act  of  January  5,  1893.  The  act 
>f  March  3,  1903,  pensions  all  survivors  of  the  Mexican  War  at  $12 
3er  month,  irrespective  of  the  conditions  named  in  the  act  of  January 
),  1893,  and  the  act  of  April  23,  1900.  (e)  The  pension  to  a  widow 
under  this  act  is  $8  per  month,  and  is  not  subject  to  increase.1  (/) 
Descendants  of  deceased  Mexican  soldiers  are  not  entitled  to  service 
pension. 

Act  of  February  6, 1907. — Under  this  act  any  person  who  served  60 
days  in  the  War  with  Mexico  in  the  military  or  naval  service  of  the 
United  States  and  has  been  honorably  discharged  therefrom,  and  who 
las  reached  the  age  of  62  years  or  over,  is  entitled  to  a  pension  at  the 

1  Sec.  1,  act  Anr.  19,  1908,  establishes  a  minimum  rate  of  $12  per  month  for  all  pen- 
sions granted  to  widows.  After  that  date  the  rate  allowable  to  the  widows  of  officers  and 
enlisted  men  who  served  in  the  Mexican  War  is  increased  from  $8  to  $12  per  month. 


186  ARMY   AND    NAVY  PENSIONS. 

following  rates,  irrespective  of  rank:  At  62  years,  $12  per  month; 
at  70  years,  $15  per  month ;  and  at  75  years  or  over,  $20  per  month. 
Pension  commences  from  the  date  of  filing  claim  in  the  Bureau 
of  Pensions  subsequent  to  February  6,  1907,  after  attaining  the  speci- 
fied age. 

5.  Pensions  for  disability  or  death  due  to  service  prior  to  March  ^ 
1861. —  (a)  Soldiers  who  were  wounded  or  injured,  or  who  contracted 
disease  in  the  line  of  duty,  are  entitled  to  pension  corresponding  in 
rate  to  the  degree  of  the  disability  incurred  in  the  service.  Persons 
who  rendered  naval  service  are  entitled  to  a  like  pension,  under  the 
same  conditions,  excepting  that  no  pension  may  be  granted  to  an  en- 
gineer, fireman,  or  coalheaver  for  disability  incurred  prior  to  August 
31,  1842.  (b)  The  widows,  or  children  under  16  years  of  age,  o: 
soldiers  who  served  prior  to  March  4,  1861,  are  entitled  to  pension,  ij 
the  soldier's  death  was  due  to  causes  originating  in  time  of  actua 
war,  and  not  otherwise.  Widows,  or  children  under  16,  of  sailors  who 
served  prior  to  March  4,  1861,  are  entitled  to  pension  only  when  th< 
death  of  the  sailor  occurred  in  the  service  and  in  the  line  of  duty 

(c)  Pensions  mentioned  in  this  paragraph,  if  not  applied  for  within 
three  years  from  the  discharge  or  death  of  the  person  on  whose  ac 
count  the  right  to  pension  exists,  or  within  three  years  of  the  termina 
tion  of  a  pension  previously  granted  on  account  of  the  service  am 
death  of  such  person,  commence  from  the  date  of  filing,  by  the  per 
son  prosecuting  the  claim,  of  the  last  paper  necessary  to  establish  it 

(d)  The  rate  of  pension  allowed  to  one  whose  pensionable  right, 
accrued  prior  to  March  4,  1861,  is  subject  to  variation,  after  July  25 
1866,  in  accordance  with  the  laws  passed  since  March  4,  1861.     (e) 
There  is  no  provision   of  law  granting  pensions  to  the   parents, 
brothers,  or  sisters  of  persons  who  rendered  military  or  naval  service 
prior  to  March  4,  1861. 

PENSIONS  TO   INVALIDS   SINCE  MARCH   4,    1861. 

Sections  4692  and  $93,  Revised  Statutes. — The  declaration  should 
set  forth  the  company  and  regiment  in  which  the  applicant  served, 
the  name  of  the  commanding  officer  of  the  company  or  organization, 
and  the  dates  of  enlistment  and  discharge,  with  personal  description 
at  enlistment.  In  Navy  cases,  the  vessels  on  which  claimant  served 
should  be  stated.  If  the  claim  is  made  on  account  of  a  wound  or 
injury,  the  declaration  should  set  forth  the  nature  and  locality  of 
the  wound  or  injury,  the  time  when,  the  place  where,  and  the  circum- 
stances under  which  it  was  received,  and  the  duty  upon  which  the 
applicant  was  engaged. 

If  the  wound  or  injury  was  accidental,  the  applicant  should  state 
whether  it  happened  through  his  own  agency,  or  that  of  other  per- 
sons, and  he  should  detail  minutely  the  circumstances  under  which  it 
was  received. 


REGULATIONS  AND  INSTRUCTIONS.  187 

If  the  claim  is  made  on  account  of  disability  from  disease,  the 
applicant  should  state  in  said  declaration  when  the  disease  first  ap- 
peared, the  place  where  he  was  when  it  appeared,  and  the  duty  upon 
which  he  was  engaged  at  the  time.  He  should  also  detail  the  circum- 
stances of  exposure,  and  the  causes  which,  in  his  opinion,  produced 
the  disease.  Whether  the  application  be  made  on  account  of  dis- 
ability from  wound,  injury,  or  disease,  the  claimant  should  state  the 
names,  addresses,  and  localities  of  all  hospitals  in  which  he  received 
medical  or  surgical  treatment,  giving  the  dates  of  his  admission 
thereto,  as  correctly  as  he  may  be  able. 

The  applicant  should  state  whether  he  was  in  the  military  or  naval 
service  prior  to,  or  after,  the  term  of  service  in  which  his  disability 
originated. 

The  applicant  should  state  his  post-office  address,  including  street 
and  number,  or  rural  free  delivery  route,  if  any. 

The  identity  of  the  applicant  must  be  shown  by  the  testimony  of 
two  competent,  credible  witnesses,  who  must  appear  with  him  be- 
fore the  officer  whose  jurat  is  attached  to  the  declaration. 

EVIDENCE    REQUIRED    IN    A     CLAIM    FOR    INVALID    PENSION. 

As  soon  as  practicable  after  the  receipt  of  an  application  for  pen- 
sion a  call  will  be  made  by  the  Bureau  of  Pensions,  in  Army  cases, 
upon  the  Adjutant  General,  United  States  Army,  for  the  full  military 
and  medical  history  of  the  applicant,  as  shown  by  the  records  of  the 
War  Department.  In  Navy  cases,  calls  for  such  evidence  will  be 
made  upon  the  proper  bureaus  of  the  Navy  Department. 

When  the  records  of  the  War  or  Navy  Departments  do  not  furnish 
satisfactory  evidence  that  the  disability  on  account  of  which  the 
claim  is  made  originated  in  the  service  of  the  United  States,  and  in 
the  line  of  duty,  the  claimant  will  be  required  to  furnish  such  evi- 
dence, in  accordance  with  the  instructions  hereinafter  given,  and 
compliance  with  such  requirement  must  be  full  and  definite.  If  the 
disability  resulted  from  a  wound  or  injury,  the  nature  and  location 
of  the  wound  or  injury,  the  time  when,  the  place  where,  and  the 
manner  in  which  it  was  received,  whether  in  battle  or  otherwise, 
should  be  shown  by  the  evidence  of  someone  who  was  a  commissioned 
officer  and  had  personal  knowledge  of  the  facts. 

If  the  person  called  upon  to  give  evidence  is  still  in  the  service 
as  a  commissioned  officer,  his  certificate  will  be  accepted  in  lieu  of 
his  affidavit.  If  there  is  no  record  of  the  disability  claimed,  the 
applicant  will  be  called  upon  to  furnish  the  testimony  of  the  surgeon 
by  whom  he  was  treated,  showing  the  location  and  nature  of  the 
wound  or  injury,  and  the  circumstances  under  which  it  was  received. 
If  the  disability  arose  from  disease,  the  testimony  of  the  person  who 
was  surgeon  or  assistant  surgeon  of  the  regiment  to  which  the  appli- 


188  ARMY   AND   NAVY  PENSIONS. 

cant  belonged,  or  of  the  vessel  on  which  he  served,  should  be  fur- 
nished, if  possible,  showing  the  name  or  nature  of  the  disease,  the  I 
time  when,  the  place  where,  it  was  contracted,  and  the  circumstances  I 
of  exposure  to  the  causes  which,  in  his  opinion,  produced  the  same.  I 
The  surgeon  should  state  whether,  in  his  opinion,  the  habits  of  the 
applicant  were  contributory  to  the  origin  or  development  of  the 
disease. 

In  any  claim,  whether  based  on  wound,  injury,  or  disease,  if  it 
be  shown  that  the  testimony  of  a  surgeon,  assistant  surgeon,  or  other 
commissioned  officer,  can  not  be  produced  as  evidence  of  the  origin 
of  the  disability  alleged,  the  testimony  of  other  persons  having 
personal  knowledge  of  the  facts  will  be  considered. 

In  a  claim  on  account  of  disability  from  disease,  the  applicant 
must  furnish  the  testimony  of  physicians  who  have  attended  him 
since  the  date  of  discharge,  explicitly  setting  forth  the  history  of 
the  disease  and  the  disability  since  its  first  appearance.  It  is  espe- 
cially important  that  the  physician  who  first  attended  the  applicant 
after  his  discharge  state  the  date  at  which  the  attendance  commenced 
and  the  condition  found  at  the  time.  If  it  should  not  be  possible  for 
the  applicant  to  show  the  condition  of  his  health  during  the  whole 
period  since  the  date  of  his  discharge  by  the  testimony  of  physicians, 
the  cause  of  his  inability  to  do  so  should  be  stated  by  him,  under  oath. 
The  testimony  of  other  persons  on  this  point  may  then  be  presented. 
Statements  of  witnesses  in  regard  to  the  manner  in  which  the  appli- 
cant was  affected  should  be  full  and  definite,  and  should  show  how 
such  witnesses  obtained  a  knowledge  of  the  facts  to  which  they 
testify. 

Act  of  June  27,  1890,  as  amended  ~by  act  of  May  9,  1900. — Any 
officer,  soldier,  sailor,  or  marine  who  served  90  days  or  more  in  the 
military  or  naval  service  of  the  United  States  during  the  late  War 
of  the  Rebellion,  who  has  been  honorably  discharged  therefrom,  and 
who  is  suffering  from  disability  of  a  permanent  character,  not  the 
result  of  his  own  vicious  habits,  which  incapacitates  him  from  the 
performance  of  manual  labor  in  such  a  degree  as  to  render  him 
unable  to  earn  a  support,  is  entitled  to  a  pension  under  this  act  of 
not  less  than  $6  nor  more  than  $12  per  month. 

The  act  of  May  9,  1900,  amending  the  act  of  June  27,  1890,  pro- 
vides that,  in  determining  inability  to  earn  a  support,  each  and  every 
infirmity  shall  be  considered,  and  the  aggregate  of  the  disabilities 
shown  be  rated.  These  acts  require  an  honorable  discharge  from 
each  and  every  term  of  service  rendered  during  the  War  of  the  Rebel- 
lion. A  modification  of  this  requirement  has  resulted,  by  reason  of 
the  provisions  of  section  2  of  the  joint  resolution  of  July  1,  1902, 
as  amended  by  the  joint  resolution  of  June  28,  1906.  As  the  law 
now  stands  the  honorable  discharge  of  any  soldier  or  sailor  from 


REGULATIONS  AND  INSTRUCTIONS.  189 

any  subsequent  contract  of  service  entered  into  by  him  during  the 
late  War  of  the  Rebellion  is  regarded  as  an  honorable  discharge  from 
all  previous  contracts  of  service  previously  entered  into  by  him  with 
the  United  States  during  the  said  war,  if  the  service  under  such  sub- 
sequent contract  was  for  not  less  than  six  months,  and  was  faithful, 
and  if  he  had  not  received  by  reason  of  the  subsequent  service  any 
bounty  or  gratuity,  other  than  from  the  United  States,  in  excess  of 
that  to  which  he  would  have  been  entitled  if  he  had  continued  to 
serve  faithfully  until  honorably  discharged  under  any  contract  of 
service  previously  entered  into  by  him  during  the  War  of  the  Re- 
bellion. The  limitation  of  section  4716,  Revised  Statutes,  operated 
against  claimants  under  these  acts  until  July  1,  1902,  the  date  of  the 
passage  of  the  joint  resolution  above  referred  to,  the  first  section 
of  which  removed  the  limitation  as  to  disloyalty,  except  as  to  those 
who  enlisted  in  the  Army  or  Navy  of  the  United  States  after  January 
1,  1865. 

Act  of  February  6, 1907. — By  the  terms  of  this  act  any  person  who 
served  90  days  or  more  in  the  military  or  naval  service  of  the  United 
States  during  the  late  Civil  War,  and  who  has  been  honorably  dis- 
charged therefrom,  is  entitled  to  a  pension  at  the  following  rates, 
irrespective  of  rank:  At  62  years  of  age,  $12  per  month;  TO  years 
of  age,  $15  per  month;  75  years  or  over,  $20  per  month.  Pension 
commences  from  the  date  of  filing  claim  in  the  Bureau  of  Pensions, 
subsequent  to  February  6,  1907,  after  attaining  the  specified  age. 

The  bases  of  title  under  this  act,  except  as  herein  otherwise  stated, 
are  the  same  as  under  the  act  of  June  27,  1890,  as  amended  by  the 
act  of  May  9,  1900. 

Claims  for  increase  of  invalid  pensions. — The  pensioner  who  may 
deem  himself  entitled  to  an  increase  of  pension  should  file  a  declara- 
tion setting  forth  the  grounds  upon  which  he  bases  his  claim  for 
increase.  Upon  the  receipt  of  a  declaration  the  claimant  will  be 
advised  of  the  evidence  necessary  to  complete  his  claim,  and,  if  it  is 
warranted,  a  medical  examination  will  be  ordered. 

An  order  for  medical  examination  will  not  issue  where  the  claimant 
is  in  receipt  of  the  maximum  rate,  under  the  law  and  the  rulings  of 
the  department,  for  the  pensioned  disability,  such  as  "  loss  of  sight 
of  one  eye,"  "total  deafness  of  one  ear,"  "hernia,"  "loss  of  limb," 
or  any  other  specific  or  minor  specific  disability,  for  which  the  rate 
is  fixed  by  law  or  departmental  rulings,  and  where  no  complications 
are  shown.  Claimant  will  be  notified  that  he  is  receiving  the  maxi- 
mum rate  of  pension  for  the  pensioned  disability. 

Claims  for  renewal  of  pension. — Application  for  renewal  of  pen- 
sion must  be  made  by  a  declaration  executed  as  in  original  claims, 
setting  forth  that  the  cause  for  which  pension  was  granted  still 
continues. 


190  ARMY  AND  NAVY  PENSIONS. 

In  cases  of  unclaimed  pensions   (sec.  4719,  R.  S.)  there  must  be] 
filed  evidence  specifically  accounting  for  the  failure  to  claim  the  I 
pension,  and,  in  the  case  of  invalids,  medical  evidence  showing  the  j 
continuance   of   the   disability   on    account   of   which   pension   was 
allowed. 

NAVY  SERVICE  PENSIONS. 

Under  sections  4756  and  4757,  Revised  Statutes,  pensions  for  20 
years'  service  and  for  10  years'  service,  respectively,  are  alloAved  by 
the  Secretary  of  the  Navy  to  enlisted  men  and  appointed  petty  officers 
who  have  not  been  discharged  for  misconduct.  Pension  commences 
from  the  date  of  filing  the  claim  therefor  in  the  Navy  Department ; 
and  for  20  years'  service  amounts  to  one-half  the  monthly  pay  of 
the  applicant's  rating  at  his  discharge ;  for  10  years'  service  the  pen- 
sion can  not  exceed  the  rate  for  total  disability  and  is  fixed,  as  is 
also  its  duration,  by  the  Navy  Department.  An  application  for  pen- 
sion under  the  sections  referred  to  should  be  made  to  the  Secretary  of 
the  Navy,  and  all  subsequent  communications  should  be  addressed  to 
the  Chief  of  the  Bureau  of  Navigation,  Navy  Department,  Washing- 
ton, D.  C. 

PENSIONS  TO  WIDOWS  SINCE  MARCH  4,   1861. 

Sections  4?02  and  IflOS,  Revised  Statutes. — To  obtain  title  to  pen- 
sion under  these  sections  it  must  be  shown  that  the  soldier  or  sailor  died 
of  a  disability  contracted  in  the  service  and  in  the  line  of  duty.  The 
date,  place,  and  cause  of  death  of  the  soldier  or  sailor  through  whom 
the  pension  is  claimed  should  be  shown  by  a  verified  transcript  of 
the  public  record.  When  the  public  record  is  indefinite  as  to  the 
cause  of  death,  and  when  it  is  necessary  to  show  the  pathological  con- 
nection between  the  death-cause  as  shown  in  the  record  and  the  dis- 
ability as  proven  of  service  origin,  the  testimony  of  the  attending 
physician  should  be  filed,  giving  a  full  history  of  the  soldier's  fatal 
illness  and  the  mode  and  manner  of  death,  but  when  this  is  impos- 
sible the  testimony  of  other  persons  who  are  acquainted  with  the  cir- 
cumstances may  be  furnished. 

Proof  of  marriage. — The  marriage  of  the  applicant  to  the  person 
on  account  of  whose  service  and  death  the  claim  is  m^de  should  be 
shown — 

(1)  By  a  duly  verified  copy  of  a  public  or  church  record ;  or 

(2)  By  the  affidavit  of  the  clergyman  or  magistrate  who  officiated ;  or 

(3)  By  the  testimony  of  two  or  more  eyewitnesses  to  the  cere- 
mony; or 

(4)  By  a  duly  verified  copy  of  the  church  record  of  baptism  of  the 
children;  or 

(5)  By  the  testimony  of  two  or  more  witnesses  who  know  that  the 
parties  lived  together  as  husband  and  wife,  and  were  recognized  as 


KEGULATIONS  AND  INSTRUCTIONS.  191 

such,  and  who  shall  state  how  long,  within  their  knowledge,  such 
cohabitation  continued. 

Section  4705,  Revised  Statutes,  provides  that  in  the  claims  of  the 
widows  and  children  of  colored  and  Indian  soldiers  and  sailors  there 
need  be  no  other  evidence  of  marriage  than  satisfactory  proof  that 
the  parties  were  joined  in  marriage  by  some  ceremony  deemed  by 
them  obligatory,  or  habitually  recognized  each  other  as  man  and  wife, 
and  were  so  recognized  by  their  neighbors,  and  lived  together  as  such 
up  to  the  date  of  enlistment,  when  such  soldier  or  sailor  died  in  the 
service,  or,  if  otherwise,  to  the  date  of  his  death. 

Proof  of  dates  of  ~birth  of  cMldren. — The  dates  of  birth  of  children 
should  be  proved— 

(1)  By  a  duly  verified  copy  of  the  public  record  of  births,  or  the 
church  record  of  baptism;  or 

(2)  By  the  affidavit  of  the  physician  who  attended  the  mother;  or 

(3)  By  the  testimony  of  persons  who  were  present  at  the  births, 
who  should  state  how  they  are  now  able  to  fix  the  precise  dates. 

If  any  child  of  the  person  on  whose  account  the  claim  is  made  died 
after  the  date  at  which  the  widow's  pension  would  commence,  the  date 
of  death  must  be  shown. 

Act  of  June  27, 1890,  as  amended  ~by  act  of  May  9, 1900. — Pensions 
under  these  acts  are  granted  to  widows  upon  proof — 

(1)  That  the  soldier  or  sailor  served  at  least  90  days  during  the 
War  of  the  Rebellion. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
of  his  Army  or  Navy  service.    Under  the  act  of  March  13,  1896,  the 
death  of  the  soldier  or  sailor  may  be  presumed. 

(4)  That  the  widow  is  without  means  of  support  other  than  her 
daily  labor  and  an  actual  net  income  not  exceeding  $250  per  annum. 

(5)  That  she  married  the  soldier  or  sailor  prior  to  June  27,  1890. 
Act  of  April  19,  1908. — Pensions  under  this  act  are  granted  to 

widows  upon  proof — 

(1)  That  the  soldier  or  sailor  served  at  least  90  days  during  the 
Oivil  War. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
of  his  Army  or  Xavy  service.    Under  the  act  of  March  13,  1896,  his 
death  may  be  presumed. 

(4)  That  she  was  married  to  the  soldier  or  sailor  prior  to  June 
27,  1890. 

PENSIONS  TO  MINORS   SINCE  MARCH  4,   1861. 

Sections  4702  and  4703,  Revised  Statutes. — To  obtain  title  to  pen- 
sion under  these  sections  it  must  be  shown  that  the  father  of  the 


192  ARMY  AND   NAVY  PENSIONS. 

minor  children x  died  of  a  disability  contracted  in  the  service  and  ir 
the  line  of  duty;  and,  in  addition,  proof  must  be  furnished  as 
follows : 

(1)  The  cause  and  date  of  the  father's  death,  the  marriage  of  the 
parents,  and  the  dates  of  birth  of  the  children,  must  be  established, 
When,  however,  satisfactory  proof  upon  these  points  has  been  fur- 
nished in  the  claim  of  the  widow,  it  will  not  again  be  required  in  tht 
claim  on  behalf  of  the  minors. 

(2)  If  the  mother  of  the  children  is  dead,  the  date  of  her  death 
must  be  proved.     If  she  remarried,  her  remarriage  must  be  showr 
in  the  same  manner  that  her  marriage  to. the  father  of  the  children  is 
required  to  be  established.     If  the  claim  is  based  on  the  fact  thai 
the  widow  has  abandoned  the  care  of  the  children,  or  that  she  is  ar 
unsuitable  person,  by  reason  of  immoral  conduct,  to  have  the  custod} 
of  them,  and  such  fact  be  duly  certified  under  seal,  by  any  courl 
having  probate  jurisdiction,  the  children  are  given  a  pensionable 
status  by  section  4706,  Eevised   Statutes,  to  the  exclusion  of  tl» 
widow,  until  they  severally  attain  the  age  of  16  years,  to  commence 
from  the  date  of  last  payment  to  the  widow,  if  she  be  a  pensioner 
and  if  not,  from  the  date  on  which  her  pensionable  rights  accrued. 

(3)  If  the  mother  of  the  children  died  before  the  father,  it  musl 
be  shown  whether  he  again  married. 

(4)  It  must  be  shown  whether  the  father  left  any  other  pension- 
able child  than  the  minors  for  whose  benefit  the  claim  is  made,  and 
if  so,  why  such  child  was  not  mentioned  in  the  application.     A  guar 
dian  is  not  entitled  on  account  of  a  child  that  died  prior  to  th( 
date  of  the  application  for  pension. 

Act  of  June  27,  1890,  as  amended  ly  act  of  May  9,  1900.— Minoi 
children  have  title  under  these  acts  upon  the  death  or  remarriagu 
of  the  widow  of  the  soldier  or  sailor.     Where,  however,  the  wido^ 
was  married  to  the  soldier  or  sailor  subsequent  to  June  27,  1890 
and  his  death-cause  did  not  originate  in  the  service  and  in  the  line  oi  | 
duty;  or  where  she  has  forfeited  her  title  to  pension  by  open  anc 
notorious  adulterous  cohabitation,  the  minor  takes  title,  even  thougl 
the  widow  be  alive  and  unmarried. 

PENSIONS    TO    HELPLESS    CHILDREN. 

The  first  proviso  of  the  third  section  of  the  act  of  June  27,  1890 
as  amended  by  the  act  of  May  9,  1900,  continues  the  pension  of  i  j 
minor  child  who  is  insane,  idiotic,  or  otherwise  physically  or  men 
tally  helpless,  after  it  becomes  16  years  of  age,  during  the  life  o:  1 

1 A  minor  having  no  guardian  may  make  and  prosecute  a  claim  in  person  or  by  nex 
friend,  but,  if  the  claim  is  allowed,  payment  of  pension  will  be  made  to  a  duly  appoints 
guardian  oaly.  If,  iowever,  the  claim  is  filed  by  one  who  alleges  th'at  he  is  the  lega 
guardian,  Ms  authority  must  be  shown  by  a  duly  certified  copy  of  his  letters  of  guardian 
ship. 


REGULATIONS   AND   INSTRUCTIONS.  193 

•said  child,  or  during  the  period  of  such  disability.  The  benefits 
[of  this  proviso  are  extended  to  all  pensions  granted  before  June 
•27,  1890,  or  thereafter  granted,  under  any  statute.  The  pension 
fallowed  by  the  proviso  commences  from  the  date  of  the  filing  of 
jthe  application  therefor  in  the  Bureau  of  Pensions.  In  order  to 
Jobtain  title,  the  helplessness  of  the  child  must  have  originated  prior 
jto  attaining  the  age  of  16  years,  and  have  continued  thereafter. 

PENSIONS   TO   DEPENDENT  RELATIVES. 

Section  4707,  Revised  Statutes. — To  obtain  title  to  pension  under 
;his  statute,  it  must  be  shown  that  the  soldier  or  sailor  died  of  a 
disability  contracted  in  the  service  and  in  line  of  duty. 

Dependent  mothers. — A  mother  must  show  her  relationship,  the 
date  and  cause  of  the  son's  death,  whether  he  left  a  widow  or  minor 
children  surviving,  and  her  dependence  upon  him  for  support  at 
;he  time  of  his  death. 

In  proof  of  dependence,  it  must  be  shown  that  previous  to  the 
date  of  the  said  son's  decease,  her  husband  had  died,  or  that  he 
lad  permanently  abandoned  her,  or  that,  on  account  of  disability 
Tom  injury  or  disease,  he  was  unable  to  support  her.  If  the  hus- 
>and  is  dead,  the  date  of  his  death  must  be  proved.  If  he  abandoned 
he  support  of  his  family,  the  date  of  the  abandonment,  and  all  the 
!acts  of  the  case,  showing  whether  he  ever  returned,  or  ever  after- 
wards contributed  to  the  support  of  the  claimant,  must  be  fully  set 
:orth.  If  he  was  disabled,  the  nature  and  cause  of  the  disability, 
when,  and  to  what  extent,  it  rendered  him  unable  to  support  the 
claimant,  must  be  shown  by  the  testimony  of  his  physician.  The 
extent  of  his  disability  during  the  period  from  the  son's  death  to 
;he  present  time  should  also  be  shown. 

The  value  of  the  property  of  the  claimant  and  her  husband,  the 
ncome  derived  therefrom,  and  the  other  means  of  support  possessed 
>y  her,  while  she  was  receiving  the  contributions  of  the  son  on  account 
)f  whose  service  and  death  pension  is  claimed,  and  from  that  time 
o  the  present,  should  be  shown  by  the  testimony  of  credible  and 
lisinterested  witnesses,  who  must  state  how  they  know  the  facts. 
The  value  of  property  assessed  for  taxation  may  be  shown  by  the 
;estimony  of  the  officer  having  custody  of  the  records  relative  thereto, 
who  should  also  state  the  ratio  of  the  assessed  to  the  actual  or  cash 
ralue  of  such  property. 

It  must  be  shown  to  what  extent,  for  what  period,  and  in  what 
manner,  her  said  son  contributed  to  her  support,  by  the  testimony 
)f  persons  for  whom  the  son  labored,  to  whom  he  paid  rent,  of 
whom  he  purchased  groceries,  fuel,  clothing,  or  other  necessary 
articles  for  the  mother's  use,  or  of  those  who  otherwise  had  a  knowl- 
8001°— 12 14 


194  ARMY  AND  NAVY  PENSIONS. 

edge  of  the  contributions  of  the  son,  and  who  must  state  how  the} 
obtained  such  knowledge.  Any  letter  from  the  son,  bearing  upor 
the  question  of  support,  should  be  filed.  If  the  son,  in  any  otheij 
manner  than  by  actual  contributions,  acknowledged  his  obligatlor! 
to  support  his  mother,  or  was,  by  law,  bound  to  such  support,  tht 
facts  should  be  shown. 

Dependent  fathers. — A  father  claiming  a  pension  on  account  o: 
the  death  of  a  legitimate  son,  upon  whom  he  was  dependent  for  sup 
port,  must  prove — 

(1)  The  cause  of  his  son's  death; 

That  said  son  left  no  widow  or  minor  child  surviving; 

The  cause  and  extent  of  claimant's  disability  during  the  period  ii 
which  the  son  contributed  to  his  support,  and  from  that  time  to  tin 
present;  , 

The  amount  of  his  property,  and  all  other  means  of  support  pos 
sessed  by  him  during  that  period,  and  the  extent  of  his  dependence 
upon  his  son  for  support. 

The  facts  of  the  case,  in  each  respect,  should  be  shown  by  sucl 
testimony,  as  is  required  in  the  claim  of  a  mother. 

(2)  The  date  of  the  claimant's  marriage  to  the  mother  of  tin 
soldier  or  sailor,  the  date  of  birth  of  the  son,  and  the  date  of  th< 
death  of  said  mother,  must  be  proved. 

In  case  the  mother  applied  for  pension,  reference  should  be  mad' 
to  her  application,  and  the  number  of  the  same,  or  of  her  certificate 
should  be  given.  Evidence  upon  any  point  established  in  a  mother' 
claim  will  not  again  be  required. 

Minor  brothers  and  sisters. — In  a  claim  on  behalf  of  minor  brother 
and  sisters,  there  must  be  proved— 

The  cause  and  date  of  death  of  the  brother  on  whose  account  th< 
claim  is  made; 

His  celibacy; 

The  dates  of  death  of  the  mother  and  father,  or  death  of  the  fathe 

b 

and  remarriage  of  the  mother; 

The  dates  of  birth  of  the  claimant  and  other  dependents  upon  th 
brother  for  support. 

If  the  mother  or  father  applied  for  pension,  the  number  of  his  o 
her  application,  or  of  his  or  her  certificate,  should  be  given. 

Evidence  upon  any  point  established  in  the  claim  of  the  mothe 
or  the  father  will  not  again  be  required. 

In  the  administration  of  the  pension  laws  no  distinction  is  mad 
between  brothers  and  sisters  of  the  half-blood  and  those  of  the  whoL  j 

blood.1 

.  a 

1  A  minor  having  no  guardian  may  make  and  prosecute  the  claim  in  person  or  by  nex  I 
friend  ;  but  if  the  claim  is  allowed,  payment  of  pension  will  be  made  to  a  duly  appointe  | 
guardian  only.  If,  however,  the  claim  is  filed  by  one  who  alleges  that  he  is  the  legs  I 
guardian,  his  authority  must  be  shown  by  a  duly  certified  copy  of  his  letters  of  guai  I 
dianship. 


REGULATIONS  AND  INSTRUCTIONS. 


195 


Act  of  June  27, 1890  (construed  as  amending  sect.  Jfl07,  R.  $.,  as  to 
dependent  parents}. — The  same  evidence  is  required  in  claims  under 
this  act  as  under  section  4707,  Kevised  Statutes,  in  its  original  form, 
f except  as  to  contributions  by  the  soldier  or  sailor,  and  as  to  date  of 
[dependence,  which  is  removed  from  the  date  of  the  soldier's  or  sailor's 
death  to  the  date  of  the  filing  of  the  application  for  pension  under 
[this  law. 

The  rate  of  pension  under  section  4707,  Revised  Statutes,  in  its 
original  form,  and  under  section  1  of  the  act  of  June  27,  1890,  is 
i  governed  by  the  rank  of  the  soldier  or  sailor  on  account  of  whose 
[service  and  death  pension  may  be  claimed. 

If  the  claim  is  prosecuted  under  section  4707,  Revised  Statutes,  the 
Attorney's  fee  may  be  $25;  if  prosecuted  under  section  1  of  the  act 
of  June  27,  1890,  the  fee  is  $10. 

CLAIMS  FOR  RENEWAL  AND  RESTORATION. 

Application  for  renewal  of  pension  (sec.  4719,  R.  S.)  must  be  sub- 
imitted  to  the  Commissioner  of  Pensions  by  a  declaration  executed 
as  in  an  original  claim,  setting  forth  fully  the  reasons  for  failure  to 
(draw  pension,  accompanied  by  evidence  satisfactorily  accounting  for 
such  failure. 

The  act  of  March  3,  1901,  amending  section  4708,  Revised  Statutes, 
and  the  act  of  February  28,  1903,  amendatory  of  said  act  of  1901, 
provide  for  restoration  of  pension  to  certain  remarried  widows  on 
renewed  widowhood.  The  applicant  under  these  acts  must  show  that 
she  was  the  wife  of  the  officer,  soldier,  or  sailor  during  the  period  of 
his  service  in  any  Avar ;  that  her  name  was  dropped  from  the  roll  by 
reason  of  her  marriage  to  another  person,  who  has  since  died,  or  from 
whom  she  has  been  divorced  upon  her  application,  and  without  fault 
on  her  part ;  and  that  she  is  without  other  means  of  support  than  her 
daily  labor  and  a  net  income  not  exceeding  $250  per  annum.  The 
fact  that  the  widow  was  originally  barred  from  pension  by  the  terms 
of  the  act  of  March  3,  1865,  by  reason  of  her  remarriage,  does  not 
deprive  her  of  title  to  restoration  under  the  act  of  February  28,  1903. 

PENSIONS  TO  ARMY  NURSES. 

Act  of  August  5,  1892. — By  this  act  all  women  employed  by  the 
Surgeon  General  of  the  Army  as  nurses  during  the  late  War  of  the 
Rebellion,  for  a  period  of  six  months  or  more,  and  who  were  honor- 
ably relieved  from  such  service,  are  entitled  to  a  pension,  provided 
they  are  unable  to  earn  a  support.  Applications  for  pension  under 
this  act  should  be  made  in  the  form  prescribed  by  the  Commissioner 
of  Pensions. 


196  ARMY  AND   NAVY  PENSIONS. 


DIVISION  OF  PENSION. 


Act  of  March  3,  1899. — Applications  for  division  of  pension  under 
this  act  will  be  adjudicated  in  accordance  with  the  following  rules : 

RULE  1.  All  claimants  under  the  act  of  March  3,  1899,  will  be 
required  to  file  with  their  declarations  proof  in  support  thereof 
sufficient  to  establish  a  prima  facie  case  under  the  law. 

RULE  2.  Where  the  claim  is  filed  by  the  wife,  alleging  that  the 
pensioner  has  deserted  her  for  a  period  of  over  six  months  sub- 
sequent to  March  3,  1899,  and  prior  to  the  filing  of  the  declara- 
tion, the  declaration  must  be  accompanied  by  evidence  show- 
ing that  she  is  the  wife  of  the  pensioner;  that  the  pensioner 
has  deserted  her  for  the  period  alleged  in  the  declaration,  and 
that  she  is  a  woman  of  good  moral  character  and  in  necessitou 
circumstances. 

RULE  3.  Where  the  claim  is  filed  by  the  wife,  alleging  that  the 
pensioner  is  an  inmate  of  a  State  Soldiers'  or  Sailors'  Home,  or  a 
National  Soldiers'  Home,  the  declaration  must  be  accompaniec 
by  evidence  showing  that  the  claimant  is  the 'wife  of  the  pen 
sioner  and  that  she  is  a  woman  of  good  moral  character  and  in 
necessitous  circumstances. 

RULE  4.  Where  the  claim  is  filed  by  or  on  behalf  of  the  minoi 
child  or  children,  under  sixteen  years  of  age,  of  a  pensioner 
alleging  that  pensioner  has  deserted  said  child  or  children,  th( 
declaration  must  be  accompanied  by  evidence  showing  the  mar 
riage  of  the  parents;  the  date  of  birth  of  each  child;  death  01 
divorce  of  the  mother  of  the  minor  child  or  children,  or  that  sh( 
has  no  title  under  the  said  act ;  that  the  pensioner  has  deserte< 
such  child  or  children  for  the  period  alleged ;  and,  in  the  evenl 
of  the  death  or  divorce  of  the  mother  of  the  minor  child  or  chil- 
dren, that  the  pensioner  had  not  remarried  prior  to  the  statutoi 
date  of  desertion,  or  that  his  present  wife  has  no  title  und( 
said  act. 

RULE  5.  Where  the  claim  is  filed  by  or  on  behalf  of  the  minoi 
child  or  children,  under  sixteen  years  of  age,  of  the  pensioner, 
alleging  that  the  pensioner  is  an  inmate  of  a  State  Soldiers'  01 
Sailors'  Home  or  a  National  Soldiers'  Home,  the  declaration  mm 
be  accompanied  by  evidence  showing  the  marriage  of  the  parents : 
date  of  the  birth  of  each  child ;  the  death  or  divorce  of  the  mother 
of  the  minor  child  or  children ;  or  that  she  has  no  title  under  the 
act  of  March  3,  1899 ;  and,  in  the  event  of  the  death  or  divorce  of: 
the  mother  of  said  minor  child  or  children,  that  the  pensioner 
had  not  remarried  prior  to  the  statutory  date  of  entrance  intc 
the  Home,  or  that  his  present  wife  has  no  title  under  said  act. 

RULE  6.  Where  the  claim  is  filed  by  £>r  on  behalf  of  a  per- 
manently helpless  and  dependent  child  of  a  pensioner,  alleging;. 

' 


REGULATIONS  AND   INSTRUCTIONS.  197 

that  pensioner  has  deserted  such  child,  the  declaration  must  be 
accompanied  by  evidence  showing  the  marriage  of  the  parents; 
the  date  of  birth  of  the  child ;  the  death  or  divorce  of  the  mother 
of  the  child,  or  that  she  has  no  title  under  the  said  act ;  that  the 
pensioner  has  deserted  such  child  for  the  period  alleged;  that 
the  child  is  permanently  helpless  and  dependent;  and  in  the 
event  of  the  death  or  divorce  of  the  mother  of  such  child,  that 
the  pensioner  had  not  remarried  prior  to  the  statutory  date  of 
desertion,  or  that  his  present  wife  has  no  title  under  said  act. 

RULE  7.  Where  the  claim  is  filed  by  or  on  behalf  of  a  per- 
manently helpless  and  dependent  child  of  a  pensioner,  alleging 
that  pensioner  is  an  inmate  of  a  State  Soldiers'  or  Sailors'  Home 
or  a  National  Soldiers'  Home,  the  declaration  must  be  accom- 
panied by  evidence  showing  the  marriage  of  the  parents ;  the  date 
of  birth  of  the  child ;  the  death  or  divorce  of  the  mother  of  such 
child ;  or  that  she  has  no  title  under  the  act  of  March  3,  1899 ; 
that  such  child  is  permanently  helpless  and  dependent;  and  in 
the  event  of  the  death  or  divorce  of  the  mother  of  said  child 
that  the  pensioner  had  not  remarried  prior  to  the  statutory  date 
of  entrance  into  the  Home,  or  that  his  present  wife  has  no  title 
under  said  act. 

RULE  8.  A  declaration,  unaccompanied  by  evidence  as  indicated 
herein  sufficient  to  establish  a  prima  facie  case,  will  not  be  con- 
sidered as  conferring  any  right  upon  the  claimant,  or  as  serving 
notice  upon  the  Bureau  sufficient  to  warrant  the  suspension  or 
the  withholding  of  any  part  of  the  pension  due  or  owing  to  the 
pensioner.  Upon  the  receipt  of  a  declaration,  unaccompanied 
by  evidence  as  indicated  herein,  it  should  be  promptly  returned 
to  the  claimant  with  a  notification  that  until  the  application 
is  perfected  in  accordance  therewith  it  can  not  be  considered. 

RULE  9.  Upon  the  filing  by  the  wife,  minor  child  or  children, 
or  permanently  helpless  and  dependent  child  of  a  pensioner,  of 
a  declaration  accompanied  by  sufficient  evidence  to  show  a  prima 
facie  case  under  the  act  of  March  3,  1899,  the  United  States  pen- 
sion agent  will  at  once  be  instructed  to  suspend  payment  of  one- 
half  of  the  unpaid  pension  due  the  pensioner  for  the  period  from 
the  date  of  statutory  desertion,  or  his  entrance  into  a  State  or 
National  Soldiers'  Home,  and  to  withhold  from  him  one-half  of 
the  pension  due  and  payable  to  him  for  the  period  from  the  date 
of  the  filing  of  the  declaration,  and  during  the  pendency  of  the 
claim  under  the  act  cited. 

The  United  States  pension  agent,  upon  the  receipt  of  a  notice 
from  the  Commissioner  of  Pensions  to  suspend  payment  of  one- 
half  the  pension  of  the  pensioner,  will  make  a  record  entry 
thereof,  and  promptly  acknowledge  receipt  of  said  notice  of  sus- 


198  ARMY   AND    NAVY   PENSIONS. 

pension,  and  thereafter  he  will  make  no  payment  of  the  one-half 
suspended  portion  of  the  pension  to  any  person  until  further 
directed  by  the  Commissioner  of  Pensions. 

In  case  the  pensioner  is  an  inmate  of  a  National  Soldiers' 
Home,  the  treasurer  of  said  Home  will,  on  the  same  date  of  the 
notice  of  suspension  to  the  United  States  pension  agent,  be  duly 
advised,  through  the  Governor  of  said  Home,  of  said  notice  of 
suspension.  If,  on  the  date  of  receipt  of  said  notice  by  the  treas- 
urer of  the  Home,  he  shall  be  in  possession  of  any  unexpended 
pension  money  drawn  in  pensioner's  behalf,  or  to  which  the  pen- 
sioner became  entitled  during  his  residence  in  said  Home  subse- 
quent to  March  3,  1899,  the  treasurer  shall  withhold  and  retain 
in  his  possession  one-half  of  said  unexpended  pension  money, 
subject  to  the  future  order  of  the  Commissioner  of  Pensions. 

RULE  10.  The  filing  of  an  application  by  a  claimant  under  the 
act  of  March  3,  1899,  like  an  appeal  by  claimant  or  pensioner, 
shall  serve  the  same  purpose  as  a  writ  of  supersedeas,  or  other 
similar  writ,  and  shall  stay  further  Bureau  proceedings,  so  far 
as  they  involve  further  payment  of  the  one-half  of  the  pension 
in  controversy,  pending  the  adjudication  of  the  claim  by  the 
Commissioner  of  Pensions. 

RULE  11.  In  all  cases  filed  under  the  act  of  March  3,  1899, 
and  allowed,  the  claimant  is  entitled  to  one-half  of  so  much  of 
the  unpaid  pension  as  is  due  or  owing  to  the  pensioner  at  the 
date  of  the  filing  of  the  declaration,  and  covering  the  period  from 
the  date  of  the  statutory  desertion,  subsequent  to  the  passage  of 
the  act  of  March  3, 1899,  or  covering  the  period  from  the  entrance 
of  the  pensioner  into  a  State  Soldiers'  or  Sailors'  Home  or  a  Na- 
tional Soldiers'  Home  subsequent  to  the  passage  of  the  act  of 
March  3,  1899.  In  cases  of  desertion,  where  the  desertion  oc- 
curred prior  to  the  passage  of  the  act  of  March  3,  1899,  the  date 
of  statutory  desertion  will  be  accepted  as  March  4, 1899.  In  cases 
where  the  desertion  occurred  subsequent  to  March  3,  1899  (the 
date  of  the  passage  of  the  act),  the  date  of  the  actual  desertion 
will  be  accepted  as  the  date  of  the  commencement  of  the  statutory 
desertion.  No  right  can  accrue  to  a  wife-claimant  until  the  pen- 
sioner has  been  in  actual  desertion  for  a  period  of  over  six 
months  prior  to  the  execution  of  her  declaration,  and  no  right 
of  application  by  a  wife,  under  the  act,  can  accrue  on  account  of 
desertion,  until  six  months  have  expired  from  the  date  of  such 
desertion. 

RULE  12.  In  cases  filed  under  the  act  of  March  3,  1899,  where 
the  pensioner  is  an  inmate  of  a  State  Soldiers'  or  Sailors'  Home 
or  a  National  Soldiers'  Home,  the  actual  date  of  entrance  into  the 
Home  subsequent  to  March  3,  1899,  will  govern.  If  at  the  date 


REGULATIONS   AND   INSTRUCTIONS.  199 

of  the  passage  of  the  act  the  pensioner  was  an  inmate  of  a  State 
Soldiers'  or  Sailors'  Home  or  a  National  Soldiers'  Home  March  4, 
1899,  will  be  considered  as  the  statutory  date  of  the  pensioner's 
entrance  into  the  Soldiers'  Home,  and  payment,  if  the  claim  is 
allowed,  shall  be  one-half  of  so  much  of  the  pension  as  remained 
unpaid  and  due  and  owing  to  the  pensioner  at  the  date  of  the 
filing  of  the  declaration. 

RULE  13.  Where  an  increase  of  pension  is  allowed  a  pensioner 
subsequent  to  the  allowance  of  a  claim  under  the  act  of  March  3, 
1899,  the  beneficiary  shall  be  entitled  to  one-half  of  only  so 
much  of  the  pension  as  is  due  the  pensioner,  covering  the  period 
subsequent  to  the  statutory  desertion  established  in  the  claim,  or 
subsequent  to  the  date  of  the  entrance  of  the  pensioner  into  the 
Soldiers'  Home  subsequent  to  the  passage  of  the  act  of  March  3, 
1899. 

RULE  14.  As  promptness  in  the  adjudication  of  claims  filed 
under  the  act  of  March  3,  1899,  is  imperative,  to  avoid  vexatious 
charges  against  one  or  the  other,  both  the  claimant  and  the  pen- 
sioner will  be  required  to  answer  calls  made  for  evidence 
promptly. 

RULE  15.  Where  a  prima  facie  case  under  the  act  of  March  3, 
1899,  has  been  filed  the  pensioner  will  receive  the  usual  notice  of 
the  filing  of  the  claim,  and  will  be  allowed  thirty  days,  as  herein 
provided,  from  the  receipt  of  said  notice,  to  answer  the  allega- 
tions made  therein.  Where  the  pensioner  has  made  answer,  and 
in  rebuttal  filed  evidence,  the  claimant  will  be  allowed  thirty 
days  from  the  receipt  of  a  notice  of  such  evidence  to  answer  same 
and  complete  the  claim  in  accordance  with  the  terms  of  the  act 
of  March  3,  1899.  Should  the  claimant  fail  to  complete  the 
claim,  or  fail  to  give  a  satisfactory. reason  for  so  doing,  the  case 
should  be  rejected,  on  the  ground  that  claimant  has  failed  to 
establish  title  within  the  meaning  of  the  act  of  March  3,  1899. 

RULE  16.  Where  the  pensioner  receives  the  usual  thirty-day 
notice  of  the  filing  of  the  claim  under  the  act  of  March  3,  1899, 
and  fails  to  make  answer  within  thirty  days  from  the  receipt 
thereof,  he  will  be  considered  as  waiving  his  right  of  answer,  and 
the  registry  return  receipt  card,  or  other  evidence,  showing  his 
receipt  thereof,  will  be  considered  as  proof  of  service  upon  him  of 
notice  of  the  filing  of  the  claim  and  his  waiver  of  answer  thereto. 

RULE  17.  Upon  the  adjudication  of  a  claim  under  the  act  of 
March  3,  1899,  the  Bureau  will  promptly  notify  both  parties  of 
the  action  taken,  by  registered  letter,  informing  both  that  thirty 
days  from  the  receipt  of  said  notice  will  be  allowed  for  the  pur- 
pose of  appealing  from  the  decision  of  the  Bureau,  and  there  shall 
be  inclosed,  to  both  claimant  and  pensioner,  a  copy  of  Rules  of 


200  AEMY   AND   NAVY  PENSIONS. 

Practice  in  Appealed  Claims.  No  payment  will  be  made  until 
the  expiration  of  said  thirty  days,  unless  the  right  of  appeal 
shall  be  sooner  waived :  Provided,  however,  That  the  unexplained 
failure  of  a  pensioner  to  appear,  answer,  or  in  any  way  plead  to 
the  claimant's  application,  after  due  notice  thereof,  shall  be 
deemed  a  waiver  of  his  right  of  appeal  to  the  extent  that,  if  the 
claim  is  allowed,  final  orders  for  division  of  pension  shall  issu< 
at  once, 

RULE  18.  Upon  the  filing  of  an  appeal,  in  accordance  with  the 
rules  of  the  Department,  payment  will  be  still  suspended,  pend 
ing  the  decision  of  the  Department  upon  the  appeal,  as  required 
by  Rule  13  of  Rules  of  Practice  in  Appealed  Claims. 

RULE  19.  If  no  appeal  is  filed  within  thirty  days  from  the  dat( 
as  shown  by  the  registry  return  receipt  card,  payment  will  b< 
made  in  all  cases  allowed,  and  suspension  of  payment  will  b< 
removed  in  all  cases  rejected,  and  the  full  amount  of  pensioi 
restored  to  the  pensioner  in  the  last-named  cases. 

RULE  20.  Any  and  all  payments  of  one-half  the  pension  t< 
any  of  the  beneficiaries  named  in  the  first  three  provisos  of  said 
act  of  March  3,  1899,  shall  hereafter  be  made  by  and  through 
the  United  States  pension  agents,  and,  in  future,  no  payment 
shall  be  made  to  any  of  said  beneficiaries  by  the  treasurer  of  a 
National  Soldiers'  Home,  except  one-half  of  so  much  of  the  pen- 
sioner's pension  as  shall  be  in  the  hands  of  the  treasurer  of  said 
Home,  and  unexpended,  at  the  date  of  filing  the  claim  under  said 
act,  in  which  case  the  treasurer  shall  withhold  and  disburse 
upon  the  order  of  the  Commissioner  of  Pensions,  as  provided  in 
Rule  9,  supra. 

RULE  21.  Applications  for  reconsideration  or  reopening  of 
the  Bureau  action  in  cases  under  the  first,  second,  or  third  pro- 
visos of  the  act  of  March  3,  1899,  should  be  in  the  form  of  a 
motion,  or  petition,  stating  briefly,  but  specifically,  the  grounds 
upon  which  the  application  is  based,  and  which,  if  true,  would 
warrant  a  modification  or  reversal  of  the  Bureau  action.  The 
motion  should  be  accompanied  by  evidence  sufficient,  if  true,  to 
establish  the  grounds  for  reconsideration,  or  reopening,  relied 
upon  by  the  applicant,  and  by  due  proof  of  service  of  copies 
of  the  motion,  or  petition,  and  the  supporting  evidence  upon 
the  opposite  party  or  his  or  her  attorney. 

Proof  of  service  must  be  such  as  will  satisfy  the  Bureau  that 
the  opposite  party  has  been  informed  of  the  motion,  or  peti- 
tion, and  the  supporting  evidence,  and  may  consist  of,  first,  a 
written  acceptance  of  service  by  the  opposite  party  or  his  or 
her  attorney  of  record;  or  second,  a  postal  registry  return  re- 
ceipt card  signed  by  the  opposite  party  or  attorney  of  record, 


KEGTJLATIONS  AND  INSTRUCTIONS.  201 

accompanied  by  an  affidavit  showing  that  on  a  certain  date 
copies  of  the  motion,  or  petition,  and  the  supporting  evidence 
were  mailed  in  a  registered  letter,  postpaid,  to  the  opposite  party 
or  the  attorney  of  record,  addressed  to  a  certain  post  office 
(naming  it)  ;  and  that  the  card  was  returned  in  acknowledgment 
of  receipt  of  such  letter ;  or  third,  an  affidavit,  showing  that  on  a 
certain  date  and  at  a  certain  place  copies  of  the  motion,  or  peti- 
tion, and  of  the  supporting  evidence  were  personally  delivered 
to  the  opposite  party  or  his  or  her  attorney  of  record. 

Applications  for  reconsideration,  or  reopening,  not  conform- 
ing to  the  foregoing  requirements,  or  showing  satisfactory  reason 
why  personal  service  can  not  be  made,  will  not  be  considered  by 
the  Bureau,  but  will  be  promptly  returned  to  the  applicant,  or 
his  or  her  attorney  of  record,  for  compliance  therewith. 
Upon  the  acceptance  by  the  Bureau  of  Pensions  of  an  application 
for  reconsideration,  or  reopening,  the  opposite  party  will  be  advised, 
and  allowed  30  days  within  which  to  answer  or  demur  thereto. 
Payment  of  one-half  of  the  pension  in  question  will  be  suspended, 
pending  the  consideration  of  the  application,  and  such  suspension 
will  be  continued  for  a  period  of  30  days  from  the  date  of  receipt 
of  notice  of  the  bureau  action  upon  the  application,  to  permit  the 
filing  of  an  appeal,  unless  the  right  of  appeal  shall  have  been  waived 
by  the  party  in  interest. 

CLAIMS  FOR  SHARE  OF   PENSION   PAID   TO   INMATES  OF  THE   GOVERNMENT 
HOSPITAL   FOR  THE   INSANE. 

Act  of  February  #,  1909. — By  the  terms  of  this  act,  the  pension 
accruing  to  an  inmate  of  the  Government  Hospital  for  the  Insane 
must  be  paid  to  the  superintendent  or  disbursing  agent  of  such  hos- 
pital, and  the  money  so  paid  shall  be  disbursed  and  used,  under  the 
regulations  prescribed  by  the  Secretary  of  the  Interior,  for  the 
benefit  of  the  pensioner,  and  in  the  case  of  a  male  pensioner,  his 
wife,  minor  children,  and  dependent  parents,  or,  if  a  female  pen- 
sioner, her  minor  children,  if  any,  in  the  order  named.  All  ques- 
tions affecting  the  right  of  a  claimant  to  a  share  of  the  pension  of 
an  inmate  of  the  hospital  are  determined  upon  evidence  submitted 
to  the  Commissioner  of  Pensions,  in  accordance  with  the  practice 
obtaining  in  such  cases.  The  findings  of  the  Commissioner  of 
Pensions  upon  the  evidence  are  submitted  to  the  Secretary  of  the 
Interior  for  approval,  and,  upon  the  latter's  direction,  the  disbursing 
officers  of  said  hospital  will  make  proper  distribution  of  the  pension 
money  to  the  dependents  enumerated  in  said  act. 

Applications  to  the  Commissioner  of  Pensions  for  allotment  of  a 
share  of  the  pension  in  cases  under  the  act  of  February  2,  1909, 
should  be  made  under  oath,  and  the  applicant  should  state  the  re- 


202  ARMY  AND  NAVY  PENSIONS. 

lationship  to  the  insane  person,  the  certificate  number  of  such  person 
if  known,  the  aggregate  value  of  all  property  owned  by  the  appli- 
cant, as  well  as  the  sources  of  income  and  means  of  support  of  said 
applicant.  All  allegations  should  be  sustained  by  the  testimony 
of  persons  competent  to  testify  from  personal  knowledge  of  the 
facts,  and  the  witnesses  should  state  their  ages,  means  of  knowledge 
of  the  facts  to  which  they  testify,  and  their  post  office  addresses, 
giving  the  street  and  number,  or  rural  free  delivery  route,  if  any. 
In  case  the  application  is  made  by  the  wife,  she  should  furnish  a 
certified  copy  of  the  public  or  church  record  of  her  marriage  to 
pensioner,  or,  if  no  such  record  exists,  the  affidavit  of  the  person  who 
performed  the  ceremony,  or  the  testimony  of  competent  witnesses, 
who  were  present  at  the  marriage,  showing  the  date  thereof.  If 
either  applicant  or  pensioner  had  been  previously  married,  the  death 
or  divorce  of  the  former  consort  should  be  proved,  in  case  of  death, 
by  a  verified  copy  of  the  public  or  church  record,  or  by  the  testimony 
of  credible  witnesses  if  no  record  of  death  exist;  and,  in  case  of 
divorce,  by  a  certified  copy  of  the  decree  of  the  court.  If  there 
was  no  prior  marriage  on  the  part  of  the  applicant  or  the  pensioner, 
this  fact  should  be  shown  by  the  testimony  of  at  least  two  credible 
witnesses  who  have  known  the  applicant  and  the  pensioner  from  the 
time  they  became  of  marriageable  age. 

In  the  cases  of  minor  children  or  dependent  parents,  the  relation- 
ship of  the  applicants  to  the  pensioner  must  be  satisfactorily  shown 

The  application  and  the  evidence  necessary  to  establish  the  claim 
should  be  filed  at  the  same  time. 

CLAIMS  FOR  PAYMENT  OF  PENSION  TO  WIVES  OF  INSANE  PENSIONERS,   OR 
TO  WIVES  OF  PENSIONERS  UNDERGOING  SENTENCE  OF  IMPRISONMENT. 

Act  of  August  5,  1882. — Where  an  insane  invalid  pensioner  has  no 
guardian,  and  has  a  wife  or  children  dependent  upon  him,  the  wife 
being  a  woman  of  good  character,  the  Commissioner  of  Pensions  is 
authorized,  in  his  discretion,  to  cause  the  pension  to  be  paid  to  the 
wife,  upon  her  properly  executed  voucher,  or,  if  there  is  no  wife,  to 
the  guardian  of  the  children,  upon  his  properly  executed  voucher, 
and,  in  like  manner,  to  make  payment  of  the  pension  due  invalid  pen- 
sioners who  are  imprisoned  for  offenses  against  the  law,  to  their 
wives,  or  the  guardians  of  their  children. 

Under  this  statute  evidence  showing  the  pensioner's  insanity  or  im- 
prisonment, and,  in  the  case  of  a  wife,  her  good  character,  as  well  as 
the  proof  required  in  claims  under  the  act  of  February  2,  1909,  supra, 
must  be  furnished. 

ACCRUED    AND    REIMBURSEMENT    CLAIMS. 

Act  of  March  #,  1895. — An  accrued  pension  is  payable,  under  the 
terms  of  this  act,  whether  the  certificate  issues  prior  or  subsequent  to 


REGULATIONS  AND  INSTRUCTIONS.  203 

death  of  the  person  entitled  to  the  pension,  first,  to  his  widow, 
nd,  if  there  is  no  widow,  to  his  child  or  children  under  16  years  of 
ige,  third,  in  case  of  a  widow,  to  her  minor  children  who  were  under 
16  years  of  age  at  the  date  of  her  death.    No  other  person  is  entitled 
:o  receive  the  accrued  pension,  as  a  matter  of  righf ,  nor  is  it  consid- 
•d  a  part  of  the  assets  of  the  estate  of  the  deceased  pensioner.    It  is 
lot  liable  for  the  debts  of  the  estate,  in  any  case  whatsoever,  but  inures 
o  the  sole  and  exclusive  benefit  of  the  widow  or  children.    The  proof 
ecessary  to  establish  a  claim  for  accrued  pension  is  identical  with 
:hat  required  to  establish  the  claim  of  a  widow  or  minor  child  to 
riginal  pension,  in  so  far  as  the  relationship  of  the  claimant  for  the 
ccrued  pension  and  the  pensioner  is  concerned.     Full  instructions 
ill  be  given  by  the  Commissioner  of  Pensions  to  an  applicant  for 
(accrued  pension  as  to  the  character  of  the  evidence  necessary  to 
[establish  a  claim. 

A  claim  for  reimbursement  may  be  made  by  the  person  who  bore 
the  expenses  of  the  last  sickness  and  burial  of  any  pensioner  who 
idied,  leaving  no  widow,  or  child  under  16  years  of  age,  surviving, 
provided  the  pensioner  did  not  leave  sufficient  assets  to  meet  such 
expenses.  An  application  for  reimbursement  should  be  accompanied 
|by  the  following  evidence : 

(a)  Bills  of  all  expenses  of  last  sickness  and  burial. — If  paid  by 
the  claimant  for  reimbursement  the  bills  must  be  properly  receipted 
jto  said  claimant.    If  unpaid,  the  parties  to  whom  said  bills  are  due 
ishould  note  on  each  bill,  over  their  signatures,  that  they  hold  the 
claimant  responsible  for  the  payment.     If  the  bill  be  for  medical 
treatment  it  must  show  the  dates  of  visits  or  treatment  and  the  charge 
for  each.    A  bill  for  nursing  and  care  must  show  the  dates  between 
which  the  services  were  rendered,  and  the  rate  per  day  or  week.    The 
bill  of  the  undertaker  must  be  itemized,  and  show  the  date  on  which 
the  services  were  rendered. 

Each  bill  must  show  that  the  service  was  rendered  for  the  pen- 
sioner on  account  of  whom  reimbursement  is  claimed. 

All  claims  should  be  presented  in  the  name  of  one  person. 

Bills  which  are  forwarded  become  a  part  of  the  records  of  the 
Bureau  of  Pensions,  and  can  not  be  returned.  Claimants  should 
therefore  secure  duplicates  of  such  bills  if  needed  by  them. 

(b)  The  pension  certificate  which  was  issued  in  the  name  of  the 
pensioner. — If  such  certificate  is  not  in  possession  of  the  claimant  a 
statement  showing  its  whereabouts  or  final  disposition  should  be 
made. 

WITNESSES  AND  TESTIMONY. 

A  declaration  executed  before  an  officer  who  is  claimant's  attorney 
is  accepted  by  the  Bureau  of  Pensions  as  good  and  valid,  but  under 


204  ARMY   AND    NAVY   PENSIONS. 

the  practice  such  magisterial  act  vacates  any  rights  which  may  be 
conferred  on  him  in  the  power  of  attorney  therein  embodied. 

Evidence  executed  before  an  officer  who  is  claimant's  attorney  or 
before  any  person  who  has  a  manifest  interest  therein  will  not  be 
considered.  It  is  field  by  the  Secretary  of  the  Interior,  however,  that 
evidence  so  executed,  wherein  the  certificate  of  such  officer  contains 
a  clause  setting  forth  that  "he  is  in  nowise  interested  in  the  claim 
nor  concerned  in  its  prosecution  "  is  good  and  valid,  but  the  rights 
such  officer  may  have  had  as  attorney  in  the  case  are  thereby  aban- 
doned. All  certificates  of  executing  officers  should  certify  that  they 
have  no  interest  in  the  claim. 

It  is  desirable  that  the  facts  required  to  be  proved  in  the  prosecu- 
tion of  a  claim  for  pension  should,  if  possible,  be  shown  by  the  testi- 
mony of  persons  other  than  near  relatives  of  the  claimant. 

Every  fact  required  to  be  proved  should  be  shown  by  the  best  evi-| 
dence  obtainable.     Every  witness  should  state  whether  he  has  any 
interest,  direct  or  indirect,  in  the  prosecution  of  the  claim  in  which 
he  may  testify,  and  should  give  his  post-office  address,  with  streei 
and  number,  or  rural  free-delivery  route,  if  any. 

Witnesses  should  not  merely  confirm  the  statements  of  other  par 
ties,  but  should  give  a  detailed  statement  of  the  facts  known  to  them 
in  regard  to  the  matter  concerning  which  they  testify,  and  shouk 
state  how  they  obtained  a  knowledge  of  such  facts.  The  officei 
taking  the  deposition  or  affidavit  should  certify  in  his  own  hand- 
writing as  to  his  knowledge  of  the  credibility  of  the  witnesses.  I: 
they  sign  by  mark,  the  signature  must  be  attested  by  two  witnesses 
who  can  write,  and  the  officer  must  certify  that  the  contents  of  their 
depositions  or  affidavits  were  read  to  them  before  he  administerec 
the  oath. 

It  is  desirable  that  affidavits  should  be  free  from  interlineations 
and  erasures.  When  an  alteration  is  made  in  an  affidavit,  or  an 
addition  is  made  thereto,  it  must  appear  by  the  certificate  of  the 
officer  who  administered  the  oath  that  such  alteration  or  additioi 
was  made  with  the  knowledge  and  s\vorn  consent  of  the  affiant. 

In  all  affidavits  from  surgeons  or  physicians  it  is  desirable  that 
the  portion  detailing  the  nature  of  the  disability,  dates  of  treatment, 
and  date  of  death,  symptoms  and  opinions  as  to  connection  between 
diseases  or  injury  and  disease,  should  be  in  the  handwriting  of  the 
party  by  whom  it  is  signed.  The  testimony  of  any  person  testifying 
as  an  expert  should  be  prepared  by  some  one  professionally  competent 
to  do  so. 


The  official  certificates  of  judicial  officers  using  a  seal  or  of  com- 
issioned  officers  of  the  Army  or  Navy  in  actual  service  will  be 
accepted  without  being  sworn  to,  but  all  other  witnesses  must  testify 

nvtnm*    /-ko4*Vfc  * 


under  oath. 


REGULATIONS  AND  INSTRUCTIONS.  205 

COPIES  OR  ORIGINALS  OF  PAPERS. 

All  papers  or  exhibits  filed  as  evidence  in  claims  for  pension  become 
a  part  of  the  record.  Copies  of  same  or  originals  can  be  returned 
only  within  the  discretion  of  the  Commissioner  of  Pensions  upon 
application  by  the  parties  properly  entitled  thereto. 

Certified  copies  of  declarations  and  affidavits  on  file  in  claims  for 
pension  will  be  furnished  only  upon  the  call  of  the  court  or  the  de- 
partment wherein  the  same  are  to  be  used  as  evidence,  and  if  for  use 
in  a  court  upon  the  following  conditions: 

The  Bureau  of  Pensions  should  be  advised  of  the  nature  of  the 
suit,  the  names  of  the  parties  thereto,  and  in  what  court  the  action 
is  pending. 

The  party  who  desires  to  use  the  certified  copies  should  state  what 
he  expects  to  prove  by  them  and  make  oath  in  due  form  that  this 
evidence  is  material  to  his  cause;  that  the  object  of  its  use  can  not 
be  attained  by  the  substitution  of  any  other  evidence;  that  without 
it  he  may  suffer  irreparable  injury,  and  that  the  United  States 
Government  is  not  involved  as  a  party  to  the  action  nor  interested 
in  the  result  thereof. 

With  such  affidavit  he  should  file  a  request  from  the  judge  of  the 
court  in  which  the  action  is  pending  for  the  production  of  such  cer- 
tified copies. 

The  papers  of  which  copies  are  desired  should  be  clearly  specified, 
and  the  name  of  the  soldier  upon  whose  service  the  claim  was  based, 
the  designation  of  the  organization  in  which  he  served,  and,  if  pos- 
sible, the  number  of  the  claim  or  the  certificate  should  be  stated,  in 
order  that  the  case  may  be  identified  and  unnecessary  delay  avoided. 

MISCELLANEOUS. 

Applications  for  certificate  of  service  in  lieu  of  lost  discharge 
should  be  filed  with  the  Adjutant  General,  United  States  Army,  War 
Department,  in  Army  cases,  and  with  the  Chief  of  the  Bureau  of 
Navigation,  Navy  Department,  in  Navy  cases. 

Applications  for  back  pay,  extra  pay,  or  bounty  money  for  mili- 
tary service  should  be  filed  with  the  Auditor  for  the  War  Depart- 
ment ;  for  bounty,  extra  pay,  or  prize  money  for  naval  service,  with 
the  Auditor  for  the  Navy  Department. 

Applications  for  artificial  limbs  or  mechanical  appliances  should 
be  filed  with  the  Surgeon  General,  United  States  Army,  War  De- 
partment. 


INDEX. 


A. 

INDONMENT  :  Page. 

By  widow,  of  minor  child  or  children  forfeits  pension.     Section  4706,  Revised 

Statutes 67 

By  widow,  of  minor  child  or  children,  how  established.     Section  4706,  Revised 

Statutes ., 67 

ACCEPTING  VOLUNTARY  SERVICES  PROHIBITED  : 

Penalty.     Act  of  February  27,  1906 176 

ACCESSORIES,  PUNISHMENT  OF  : 

Section  333,  Criminal  Code 181 

ACCOUNT  STATED  : 

In  favor  of  owner  of  lost,  etc.,  check,  when  made.     Act  of  February  23,  1909, 

amending  section  3647,  Revised  Statutes 117,  118 

ACCRUED  PENSION  : 

Attorney  fee,  in  claims  for 93,  102 

Beneficiaries.     Act  of  March  2,  1895 130 

Claim  for,  must  be  accompanied  by  explanation  and  evidence  of  continuance, 

when.     Section  4719,  Revised  Statutes— 131 

Due  inmate  of  the  National  Home  for  Disabled  Volunteer  Soldiers,  at  death, 
how    disposed    of.      Acts    February    26,    1881,    August    7,    1882,    and    June 

25,   1910 123,  124 

Due  inmate  of  the  Soldiers'  Home,  Washington,  D.  C.     Act  March  3,  1883 122 

On  death  of  inmates  of  the  Government  Hospital  for  the  Insane,  disposition  of. 

Acts  February  20,  1905,  June  30,  1906,  and  February  2,  1909 127,  128 

Not  assets  of  estate.     Act  March  2,  1895 130 

Regulations  and  instructions  relative  to  claims  for 202 

ACKNOWLEDGMENTS  : 

May   be   made   before   United   States    Commissioners.      Section    1778,    Revised 

Statutes 82 

ACTING  ASSISTANT  SURGEON  : 

Pensionable  status  of.     Section  4693,  Revised  Statutes 33 

ACTIONS  : 

(See  Suits.) 
ADJUTANT  GENERAL,,  UNITED  STATES  ARMY  : 

Application  for  certificate  in  lieu  of  lost  discharge  to  be  made  to 205 

ADULTEROUS  COHABITATION,  OPEN  AND  NOTORIOUS  : 

Of  widow,  terminates  pension.     Act  August  7,  1882  (sec.  2) 62 

AFFIDAVITS  : 

Certain  informalities  corrected.     Act  July  26,  1892  (sec.  3) 82 

Executed  in  foreign  countries,  how.     Act  July  26,  1892   (sec.  2) 81 

Execution  of,  in  pension  claims.     Act  July  26,  1902 81 

Regulations  and  instructions  governing 183,  203 

False  or  fraudulent,  making  or  presenting  ;  penalty.     Act  July  7,  1898 159 

Special  examiners  may  take.     Act  July  25,  1882 4 

Taking  of  by  pension  agents  or  their  clerks,  abolished.     Act  March  3,  1896 115 

AGE  : 

Made  a  permanent  specific  disability.     Act  March  4,  1907 50 

Pensions  based  on  attained — 

Act  January  29,  1887   (sec.  1) 24 

Act  February  6,  1907   (sec.  1) 27,49 

AGENTS  AND  ATTORNEYS  : 

Articles  of  agreement.     (See  Articles  of  agreement.) 

Certain  persons  not  to  act  as.     Section  190,  Revised  Statutes—  84 

Declaration  or  affidavit,  executed  before,  effect  on  attorneyship  rights 203,  204 

False  demand  on  fraudulent  power  of  attorney ;  penalty.     Section  34.  Crimi- 
nal   Code 177 

207 


208  INDEX. 

AGENTS  AND  ATTORNEYS — Continued.  Page.  I 

Fee  contracts  made  prior  to  passage  of  act  null  and  void — 

Act  June   27,   1902 22,921 

Act  May  30,  1908 23,  92| 

Fees  allowed,  when — 

Act  July  4,  1884   (sees.  3  and  4) 86,173 

Act  June  27,   1890    (sec.  4) 46,91,173 

Act  March  3,   1891 ; 

Act  April  19,  1908   (sec.  3) 65,91,174 

Fees  of,  to  be  paid  only  on  order  of  Commissioner  of  Pensions — 

Act  July  4,  1884   (sec.  3) 86,173 

Act  June  27,  1890  (sec.  4) 46,90,173 

Act  April  19,  1908   (sec.  3) 65,91,174 

Fees,   table  of 92 

Form  of  oath  required.     Section  1757,  Revised  Statutes 85 

Illegal  fee  ;  penalty — 

Section   5485,   Revised   Statutes 172 

Act  July  4,  1884   (sec.  4) 88,173 

Act  June  27,   1890    (sec.  4) _  46,90,173 

Act  March  3,  1891 89,174 

Act  August  5,   1892    (sec.   2) .__  41,91,175 

Act  April  19,  1908   (sec.   3) _  65,91,174 

Act  May    28,    1908 90,  175 

No  fee  allowed,  when — 

Act  January  25,  1879   (sec.   4) 59 

Act  July  4,  1884   (sec.  4) 87,91 

Act  March  19,  1886    (sec.  2) 62,91 

Act  August  5,   1892    (sec.   2) 41,91,175 

Act  March  3,  1901    (sec.  2) 71,91 

Act  February  28,  1903  (sec.  3) 73,92 

Act  February  6,  1907   (sec.  3) _  28,50,92 

Act  May  28,   1908 90,175 

Notaries  public  in  District  of  Columbia  not  prohibited  from  practicing  before 
departments — 

Act  June   29,   1906 84 

Not  recognized,  when — 

Act  March  19,  1886 62,91 

Act  April  19,  1908   (sec.  3) 65,91,174 

Not  to  withhold  or  retain  discharge  papers  or  land  warrants  ;  penalty.     Act 

May  21,   1872 172 

Oath  of  allegiance — 

Form  of.     Section  1757,  Revised  Statutes 85 

Required  of.      Section   3478,   Revised   Statutes 84 

Who  may  administer.     Section  3479,  Revised  Statutes 85 

Penalty — 

For   exacting   or   accepting  fee   for   securing  pension   by   special   act   of 

Congress.     Act  May  28,  1908 90,  175 

For  unlawfully  withholding  pension.     Act  June  27,  1890  (sec.  4) 46,90,  173 

For  violating  act  relating  to  fees.     Act  July  4,  1884  (sec.  4) 88,  173 

Postage  to,  limited 94,97 

Power  of  attorney  to,  not  recognized  in  paying  foreign  pensions.     Act  March 

14,    1898 121 

Required  to  take  oath  of  allegiance.     Section  3478,  Revised  Statutes 84 

Rights  of  parties  under  contracts  in  cases  pending  July  4,  1884,  not  abridged. 

Act  July  4,  1884   (sec.  1) 86 

Rules  of  practice  before  the  Bureau  of  Pensions 94 

Secretary  of  the  Interior  may  prescribe  rules  and  regulations  governing  recog- 
nition of.     Act  July  4,  1884   (sec.  5) 89 

Secretary  of  the  Interior  may  suspend  or  disbar,  when.     Act  July  4,   1884 

(sec.  5) 89 

To    be    notified    on    issue    of    certificate   of    pension.      Section   4748,    Revised 

Statutes _  79,  80 

Wrongfully    withholding    part    of    pension ;    penalty.      Act    April    19,     1908 

(sec.  3) 65,  91,  174 

AID    AND   ATTENDANCE  : 

Frequent  and  periodical  and  regular;  rates 149 


INDEX.  209 

AMPUTATIONS  :  Page. 

Tables  of  rates,  Nos.  2  and  3 149,  150 

APPEAL  : 

Bond,  not  required  of  the  United  States  or  District  of  Columbia.     Act  June 

9,  1910 156 

From  special  medical  examinations.     Section  4775,  Revised  Statutes 110 

Rules  of  practice  on 103 

APPLICATION  : 

For  artificial  limbs  and  surgical  appliances,  to  whom  made 205 

For  back  pay,  extra  pay,  bounty  money,  or  prize  money,  with  whom  filed 205 

For  certificate  of  service  in  lieu  of  lost  discharge,   with  whom  filed 205 

For  membership  in  the  National  Home  for  Disabled  Volunteer  Soldiers,  to  con- 
tain notice  of  contract  as  to  disposition  of  property  at  death.      Act  June 

25,    1910 124 

For  navy  service  pension.      Sections  4756  and  4757,  Revised  Statutes 76,  77 

For  reimbursement  to  be   made  to   Commissioner  of  Pensions.      Act   March 

4,    1909 131 

For    removal    of    charge    of    desertion    from    Navy    or   Marine    Corps,    to   be 

made  to  Secretary  of  Navy.      Act  August  14,  1888 139,  141 

For  removal  of  charge  of  desertion,  Mexican  and  Civil  Wars,  to  be  made  to 

Secretary  of  War.     Act  March  2,  1889 141,  144 

APPROPRIATIONS  : 

Expenditures  in  excess  of,  forbidden  ;  penalty.    Act  February  27,  1906 176 

ARM: 

Loss  of   (see  Table  of  rates  No.  2) 149 

ARMY  AND  NAVY  : 

Certificate  of  commissioned  officer  in,  accepted  without  being  sworn  to 204 

Officers  and  men  on  active  or  retired  list  not  entitled  to  pension.    Acts  August 

29,  1890,  and  March  3,  1891 -  133,  134 

Prior  disloyalty  not  a  bar  to  pension  for  disabilities  incurred  while  serving 

in.     Act  August  1,  1892 135 

Reentry  into,  terminates  pension.     Section  4724,  Revised  Statutes 136 

Volunteer    officers    (Army),    remuster,    pay,    pensions;    exception.     Act    Feb- 
ruary   24,    1897 44 

ARMY  NURSES : 

Attorney  fee ;   none  allowed ;    penalty  for   demanding.     Act   August   5,    1892 

(sec.    2) r 41,91,  175 

Claims  of  ;  regulations  and  instructions  relative  to 195 

In  War  of  Rebellion,  entitled  to  pension  ;  rate.     Act  August  5,  1892  (sec.  1) —         41 
ARREARS  : 

Of  pension  or  increase  ;  no  fee  in  claims  for.     Act  July  4,  1884  (sec.  4) 87,  91 

Pensions  of  persons  in,  uot  to  be  withheld.     Section  4784,  Revised  Statutes—       137 
ARREST  : 

Right  of,  in  suits  under  section  3490,  Revised  Statutes 158 

ARTICLES  OF  AGREEMENT  : 

Amount  of  fee  to  be  stipulated  in.     Act  July  4,  1884  (sec.  4) 

Amount  of  fee  to  be  paid  in  absence  of.     Act  July  4,  1884  (sec.  4) 

Amount  paid  attorney  prior  to  execution  of,  to  be  stipulated  in,   otherwise 
articles  of  agreement  to  be  disregarded,  and  such  amount  to  be  deducted 

from  fee  allowed  by  law.     Act  July  4,  1884  (sec.  4) 88 

Commissioner  of  Pensions  to  transmit  one  of,  with  certificate  of  pension,  to 

pension  agent.     Section  4768,  Revised  Statutes 85 

Duty  of  pension  agent  upon  receipt  of.     Section  4769,  Revised  Statutes—. 

Form  of.     Act  July  4,  1884   (sec.  4) 

May  be  rejected  by  Commissioner  of  Pensions.     Act  July  4,  1884  (sec.  6)  — 
Null  and  void  in  certain  Indian  war  service-pension  claims.     Acts  June   27, 

1902,  and  May  30,  1908 -  22-  2S 

Recognized  in  certain  claims  only.     Act  July  4,  1884  (sec.  4) 

Should  be  in  duplicate.     Act  July  4,  1884   (sec.  4) -  86,91,173 

ARTIFICIAL  LIMBS  AND  MECHANICAL  APPLIANCES  : 

Applications  for,  to  be  made  to  Surgeon  General,  United  States  Army —  205 

ASHUELOT  : 

Twelve  months'  pay  allowed  to  widows,  minor  children,  and  dependent  parents 
of  men  lost  in  wreck  of,  to  be  deducted  from  pensions  of.     Act  January 

29,   1887    (sec.  2) 70 

ATTACHMENT  : 

Pension  not  liable  to.     Section  4747,  Revised  Statutes 131 

8001°— 12 15 


210  INDEX. 

ATTORNEY  GENERAL  :  Page. 

To    furnish    professional    assistance    on    application.     Section    187,    Revised 

Statutes  6 

ATTORNEYS : 

(See  Agents  and  attorneys.) 
AUDITOR  FOR  NAVY  DEPARTMENT  : 

Applications  for  bounty,  extra  pay,  or  prize  money  to  be  made  to 205 

AUDITOR  FOR  WAR  DEPARTMENT  : 

Applications  for  back  pay,  extra  pay,  and  bounty  to  be  made  to 205 

AUTHORITY  : 

To  increase  or  reduce  a  pension,  reserved  in  the  Commissioner  of  Pensions. 

Act   June   21,   1879    (sec.    3) 110 

To  publish  printed  forms.     Section  4748,  Revised  Statutes 79 

AUXILIARY  NAVAL  FORCE  : 

Organization  of.     Joint  resolution  May  26,  1898 36 

B. 

BACK   PAY,   EXTRA   PAY,    AND   BOUNTY  : 

Applications  for,  to  be   made  to  Auditor  for  War  Department,   if  for  Army 

service 2 

BEATY'S  SCOUTS  AND  GUIDES  : 

Pensionable  status  of.     Act  June  14,  1870 1 40 

BIENNIAL  EXAMINATIONS  : 

Abolished.     Act  June  21,  1879   (sec.  3) 110 

BIRTH  : 

Date  of,  how  proved 191 

BLANK  FORMS  : 

For  declaration,  to  be  furnished  by  Commissioner  of  Pensions.     Section  4748, 

Revised    Statutes 79  I 

For  vouchers,   Secretary   of   the   Interior   required  to  furnish.      Section   4767, 

Revised    Statutes 116  I 

For  vouchers,  to  contain  notice  to  pensioners  that  payment  will  be  made  upon 

no  others.     Section  4767,  Revised  Statutes 116 

BLINDNESS  : 

Tables  of  rates,  Nos.  2  and  3 149,  150 

BOARDS  OF  EXAMINING  SURGEONS  : 

Inspection  of,  by  Commissioner  of  Pensions.     Act  of  August  8.  1882 4 

(See  also  Surgeon.) 
BOND  : 

Appeal,  not  required  of  United  States  or  District  of  Columbia.     Act  June  9, 

1910 156 

Bids  or  public  records,  penalty  for  forging.     Section  28,  Criminal  Code 161  I 

Disbursing  officer  may  require  of  substitute.     Act  March  4,  1909 

Of  disbursing  officer  liable  for  acts  of  substitute.     Act  March  4,  1909 7 

Officer  designated  to   fill  temporarily  vacancy  in  pension  agency  may  be  re- 
quired to  give.     Act  March  8,  1878 114 

Of  pension  agents,  form  of,  to  be  approved  by  Secretary  of  the  Interior.     Sec- 
tion 4779,   Revised  Statutes 114 

Of  pension  agents,  to  cover  acts  of  clerk  designated  to  sign  name  of,  to  official 

checks.     Act  June  30,   1890 115 

Pension  agents  required  to  give.     Section  4779,  Revised  Statutes 1141 

Required  upon   issue  of  duplicate  check.     Act   February   23,   1909,   amending 

Section  3646,   Revised   Statutes 117,  118 

BOUNTY : 

Receipt  of,  when  a  bar  to  pension.     Joint  resolutions,  July  1,  1902   (sec.  2), 

and  June  28,  1906 146 

BOUNTY,  BACK  PAY,  EXTRA  PAY  : 

Applications  for,  to  be  made  to  Auditor  for  War  Department,  if  for  Army 

service   205 

BOUNTY,  EXTRA  PAY,  PRIZE  MONEY  : 

Application  for,   to  be  made  to  Auditor  for  Navy  Department,   if  for   Navy 

service . 205  j 

BRIBE  : 

Acceptance  of  by  judge,  judicial  officer,  or  person  authorized  to  hear,  etc. ; 

penalty.     Section    131,    Criminal   Code 169 

Acceptance  of,   by  juror,  etc.,  or  person  exercising  judicial   functions.     Sec- 
tion 133,   Criminal   Code 169  I 

Acceptance  of,  by  witnesses ;  penalty.     Section  134,  Criminal  Code 170  i 


INDEX.  211 

BRIBE — Continued.  Page. 

Member  of  Congress  accepting,  etc.     Section  110,  Criminal  Code 167 

Offering,  etc.,  to  Member  of  Congress;  penalty.     Section  111,  Criminal  Code__  167 

United  States  officer  accepting;  penalty.  Section  117,  Criminal  Code 169 

BRIBERY  : 

Of  United  States  officer;  penalty.  Section  39,  Criminal  Code 166 

BROTHERS  : 

Pensionable  status  of.     Section  4707,  Revised  Statutes 67 

Regulations  and  instructions  relative  to  claims  of 194 

BRYSON'S  COMPANY,  MOUNTED  VOLUNTEERS  : 

Members,  widows,  and  minor  children  entitled  to  pension.  Act  March  1, 1869_  40 
BUREAU  OF  PENSIONS  : 

Organization  and  officers.  Chapter  1 1 

BURIAL  EXPENSES  : 

Reimbursement  for,  when  and  to  whom  made.     Act  March  2,  1895 130 

C. 

CANTEEN : 

Or  bar.  no  aid  to  be  extended  to  State  or  Territorial  home,  maintaining.     Act 

March  4,   1911 1L'5 

Prohibited   in    National   Home,    Disabled    Volunteer    Soldiers.     Act   March    4, 

1911 125 

CENTRALIA,  Mo. : 

Widows,    minors,    and    dependent    relatives    of    soldiers    murdered    at.     Act 

March  4,  1875 63 

CERTIFICATE  : 

False,  by  consular  officer;  penalty.     Section  70,  Criminal  Code 160 

False,  by  person  before  whom  paper  in  pension  claim  is  executed  ;  penalty  for 

making.     Act  July  7,  1898 159 

False,  by  public  officer,  etc. ;  penalty.     Section  106,  Criminal  Code 160 

Of   examining   surgeon   to   contain   full   description   of   physical    condition   of 
claimant — 

Act  July  25,  1882   (sec.  4) 110,331 

Act  May  28,  1908 112 

Of  oath,  penalty  for  forging.     Section  1750,  Revised  Statutes 163,  164 

Of   superintendent   of  Government   Hospital   for   the   Insane,   pensions   of   in- 
mates to  be  paid  upon — 

Act  February  20,  1905 127 

Act  February  2,  1909 128 

CERTIFICATE  OF  DISCHARGE  : 

Agents  or  attorneys  not  to  retain,  etc. ;  penalty.     Act  May  21,  1872 172- 

Loss  of,  not  a  bar  to  pension — 

Act  March  9,  1878   (sec.  3) 19 

Act  January  29,   1887    (sec.   3) 25 

Act  July  27,  1892   (sec.  3) 21 

Lost  or  destroyed  ;  duplicate,  how  obtained.     Section  224,  Revised  Statutes..         137 

Not  evidence.     Section  224,  Revised  Statutes 137 

Secretary  of  the  Navy  to  issue,  in  certain  cases — 

Act  August  14,   1888    (sec.  4) 140 

Act  May  24,  1900 > 141 

Secretary  of  War  and  Secretary  of  Navy  to  issue  in  true  name  of  person  serv- 
ing ;  restriction.     Act  June  25,  1910  (sec.  1) —       138 

Secretary  of  War  to  furnish  to  members  of  Missouri  Home  Guards.     Act  May 

15,    1886    138 

CERTIFICATE  OF  PENSION  : 

Forwarded  to  pension  agent  for  delivery.     Section  4768,  Revised  Statutes--  85 

Retaining  unlawfully.     Act  February  28,  1883,  amending  section  4745,  Revised 

Statutes I75 

CERTIFICATE  OF  SERVICE  : 

Application  for,  to  be  made  to  Adjutant  General,  United  States  Army—  205 

CERTIFIED  COPIES  OF  PAPERS  : 

How  obtained —       2(>5 

CHECK  : 

Clerk  to  sign  name  of  pension  agent  to.     Act  June  30,  1890 

Duplicate,  issue  of.     Act  February  23,   1909 

Pension,  mailing  of,  constitutes  payment.     Act  March  2,  1895__  130 
To  be  drawn  to  the  order  of  and  mailed  to  each  pensioner.     Section  4765,  Re- 
vised Statutes  -          117 


212  INDEX. 

CHIEF  CLERK  :  Page.' 

Duties  of.     Sections  173  and  174,  Revised  Statutes j 

To  act  as  commissioner,  when.     Section  178,  Revised  Statutes 

To    administer    oath    of    office    without    compensation    therefor.     Act    August 

29,    1890   { 

CITIZENSHIP  : 

How  established  in  Indian  War  claims.     Act  February  3,  1893 2S 

CIVIL  SERVICE  : 

Bar  to  payment  of  pensions  in  case  of  pensioners  in,   removed.     Act  March 

1,    1879 149 1 

CIVIL  SURGEONS  : 

Commissioner    of    Pensions    authorized    to    appoint.       Section    4777,    Revised 

Statutes ] 

Duties  of.     Section  4777,  Revised  Statutes 10?  I 

Fee  for  examinations.     Section  4777,  Revised  Statutes lOij 

Fees  for  examinations,  how  paid.     Section  4777;  Revised  Statutes 10i| 

(See  also  Surgeon.) 
CIVIL  WAR  : 

Pensions  based  on  service  in.     Chapters  III  and  IV 31,  Gil 

CLAIMS  : 

List  of  meritorious  to  be  sent  to  Congress — 

Resolution   May   29,    1830 13H 

Regulations  and  instructions  relative  to 18i  I 

CLERKS : 

Detailed   as   special   examiners.      Section   474,   Revised    Statutes,    and   section 

4744,  Revised  Statutes,  as  amended  by  act  July  25,  1882 

Detail  of,  to  congressional  committees.     Joint  resolution  February  1,  1884 13?  I 

Of  pension  agents  to  sign  official  checks.     Act  June  30,  1890 Hjl 

COHABITATION  : 

Adulterous,  terminates  pension  of  widow.     Act  August  7,  1882 

Continuous  to  date  of  death,  when  necessary  to  widow's  title.     Act  March  3, 

1899 

COLORED  AND  INDIAN  SOLDIERS  : 

Legitimacy  of  children,  how  established.     Section  4705,  Revised  Statutes 

Marriages,  how  proven.     Section  4705,  Revised  Statutes 

COLORED  PERSONS  IN  A  it. MY  : 

Borne  on   rolls   as  "  slaves ;  "   pensionable  status   of.      Section   4723,    Revised 

Statutes  

Subcooks  of  African  descent.     Act  March  3,  1863   (sec.  10) 

COMMENCEMENT  OP  PENSION  : 

Ante-rebellion  claims.     Section  4713,  Revised  Statutes l>  | 

Army  nurses'  claims.     Act  August  n,  1892 4:1 

Arrears.     Acts  January  25  and  March  3,  1879 ns.  r><  j 

Claims  arising  out  of  wreck  of  steamer  Ashuelot,  Act  January  29,  1887 7(  I 

Claims  arising  out  of  wreck  of  steamer  Jeannette,  Act  January  3,  1887 61  I 

Claims  arising  out  of  wreck  of  steamer  Maine.     Act  March  30,  1898 7(  I 

Claims  of  certain  survivors  of  Mexican  and  Civil  Wars.     Act  February  6,  1907_  27,  41  I 

For  frequent  and  periodical  aid  and  attendance.     Act  July  14,  1892 5'  I 

For    permanent    and    specific    disability.      Sections    4697    and    4698,    Revised 

Statutes ! no.  r,  j 

For  total  helplessness.     Act  March  4,   1890 5(1 

Increase,  invalid.     Section  4698J,  Revised  Statutes 5'  I 

Increase  on  account  of  minors — 

Section  4703,  Revised  Statutes 6*  I 

Act  June  27,  1890  (sec.  3) 46,  &• 

Act  May  9,  1900 i 6^ 

Act  April  19,  1908 61 

Increase,  widow,  etc. — 

Act  March  19,  1886 6: 

Act   April  19,   1908    (sec.  1) 6s  I 

Indian  War  claims.     Act  July  27,  1892 2(1 

In  rejected,  suspended,  or  dismissed  claims.     Act  March  6,  1896 .—* 4}  I 

Mexican  War  claims.     Act  January  29,  1887 2- 

Missouri  State  Militia.     Section  4722,  Revised  Statutes 3J  I 

Special  act  claims.     Section  4720,  Revised  Statutes 13'  I 

To  certain  beneficiaries  of  special  legislation,  to  correct  military  service,  en- 
acted during  Sixty-first  Congress.     Joint  resolution  February  27,  1911 14,' 


INDEX.  213 

MMENCEMENT  OF  PENSION — Continued.  Page. 
To  certain  widows,  whose  deceased  husbands  served  in  Civil  War.     Act  Aprtl 

19,   1908    (sec.   2) 65 

To  dependent  relatives.  Section  4707,  Revised  Statutes 67 

To  minor,  where  widow  abandons  same.  Section  4706,  Revised  Statutes 67 

To  remarried  widow.  Acts  March  3,  1901,  and  February  28,  1903 70,  72 

To  survivors,  widows,  minors,  and  dependent  parents,  Civil  War  service. 

Acts  June  27,  1890,  and  May  9,  1900 45,46,64,69 

To  widows  and  minors.  Act  August  7,  1882,  amending  section  4702,  Revised 

Statutes 61 

War  of  1812  claim.  Act  March  9,  1878 18 

Widows'  arrears.  Act  June  7,  1888 62 

COMMISSIONER  OP  PENSIONS  : 

Appointed  by  President.     Section  470,  Revised  Statutes 2 

Attorney  fees  to  be  paid  only  upon  order  of — 

Act  June  27,  1890  (sec.  4) 46,90,173 

Act  April  19,  1908  (sec.  3) 65,91,174 

Authority  of,  to  increase  or  reduce  pensions.     Act  June  21,  1879  (sec.  3) 110 

Authorized  to  appoint  board  of  three  examining  surgeons  to  pass  upon  appeals 

from  special  medical  examinations.     Section  4775,  Revised  Statutes 110 

Authorized  to  appoint  civil  surgeons.     Section  4777,  Revised  Statutes 109 

Authorized  to  appoint  surgeons  and  organize  boards  of  surgeons.     Act  July  25, 

1882    (sec.    4) 110 

Authorized  to  cause  payment  of  pension  to  wife  or  guardian  of  children  when 
pensioner  is  insane  or  imprisoned.  Act  August  8,  1882,  amending  section 
4766,  Revised  Statutes 119 

Authorized  to  detail   clerks  to  investigate  attempts  at  fraud  and  to  aid  in 

prosecuting  persons  implicated.     Section  474,  Revised  Statutes 4 

Authorized  to  detail  clerks  to  specially  examine  into  merits  of  claims  and  to 

aid  in  the  prosecution  of  parties  guilty  of  fraud.     Act  July  25,  1882—  4 

Authorized  to  employ  an  expert  to  make  medical  examinations.     Act  July  25, 

1882   (sec.  4) 110,111 

Authorized   to   order    special    medical    examinations.      Section    4775,    Revised 

Statutes 110 

Authorized  to  organize  special  board  of  review.     Act  July  25,  1882  (sec.  4)_  110,  111 

Claims  for  reimbursement,  settlement  of,  under  the  direction  of.     Act  March 

4,    1909 131 

Deputy,  to  discharge  duties  of,  in  case  of  death,  resignation,  absence,  etc. 
Section  472,  Revised  Statutes,  and  act  August  5,  1882 

Duties  of.     Section  471,  Revised  Statutes-- 
Inspection of  pension  agencies  and  boards  of  examining  surgeons  authorized. 

Act  August  8,  1882,  amending  section  4766,  Revised  Statutes ._  4, 119 

May  apply  to  any  United  States  court  for  subpoena  for  witnesses.     Section 

184,  Revised  Statutes 5 

May  authorize  employment  of  stenographer  by  special  examiner.  Act  July 
25,  1882 

May  reject  articles  of  agreement.    Act  July  4,  1884  (sec.  6) 

Payments  out  of  Navy  pension  fund  to  be  under  direction  of.     Section  4756, 

Revised    Statutes 76,77 

Private  secretary  to,  authorized.     Act  March  3,  1905 

Salary  of.     Act  March  4,  1911 

Questions  of  desertion,  entrance  into  a  home,  necessitous  circumstances,  and 
good  moral  character  to  be  determined  by.  Act  March  3,  1899__ 

Salary  of.     Section  470,  Revised  Statutes.    Act  August  5,  1882,  and  act  March 

4,    1911- - 2,  9 

To  adopt  rules  and  regulations  for  payment  of  arrears  of  pension.  Act  Janu- 
ary 25,  1879  (sec.  2) 

To  furnish  printed  instructions  and  forms  free  of  charge.  Section  4748,  Re- 
vised Statutes 79 

To  inspect,  when  necessary,  pension  agencies  and  medical  examining  boards 
or  surgeons.  Act  August  8,  1882 

To  notify  claimant  and  attorney  on  issue  of  certificate  of  pension.     Section 

4748,  Revised  Statutes -  79»  80 

To  suspend  payment  of  pension  under  special  act,  when.  Section  4720,  Re- 
vised Statutes 

To  transmit  certificate  of  pension  and  one  of  articles  of  agreement  to  pen- 
sion agent.  Section  4768,  Revised  Statutes 85 


214  INDEX. 

COMMISSIONER,  UNITED  STATES  :  Page. 

Authorized   to   administer    oaths   and   take   acknowledgments.      Section    1778, 

Revised   Statutes 82 

Required  to  have  an  official  seal.     Act  June  28,  1906 82 

COMMISSIONS  : 

Clerks,  etc.,  not  to  be  detailed  to,  unless  created  by  law.     Act  March  4,  1909_  7 

Creation  of,  unless  authorized  by  law,  forbidden.     Act  March  4,  1909 7 

CONGRESS : 

(See  Member  of  Congress.) 
CONSPIRACY  : 

Action  for  damages  caused  by — 

Section   1980,   Revised   Statutes 170 

Section  1981,   Revised   Statutes 171 

To  defraud  by  false  claim  ;  penalty.     Section  35,  Criminal  Code 157 

To  defraud  the  United  States ;  penalty.     Section  37,  Criminal  Code 172 

To  prevent   officers  from   performing  duties ;   penalty.      Section   21,   Criminal 

Code 170 

CONSTITUTION  OF  THE  UNITED  STATES  : 

Fourteenth  amendment,  political  disabilities  bar  to  Mexican  war  service  pen- 
sion.    Act  January  29,  1887   (sec.  6) 25,26 

Bar  removed.     Act  Jun^  6,  1898 26 

CONSULAR  OFFICER  : 

Authority  in  execution  of  pension  papers.     Act  July  26,  1892  (sec.  2) 81 

False  certification  by  ;  penalty.     Section  70,  Criminal  Code 160 

Fees  of,  prescribed  by  President.     Act  April  5,  1906  (sec.  7) 83 

Notarial    acts    of,    invalid   without   documentary    stamp.      Act   April   5,    1906 

(sec.   10) 83 

Required  to  affix  official  stamps  to  documents  requiring  notarial,  etc.,  acts. 

Act  April  5,  1906   (sec.  10) 83 

Required,  upon  application,  to  perform  notarial  acts  within  limits  of  his  con- 
sulate.    Act  April  5,  1906   (sec.  7) 83 

CONTRACTS : 

With  attorneys,  null  and  void — 

Act  June  27,   1902 22,92 

Act   May   30,    1908 23,92 

CONTRACT  SURGEONS  : 

Pensionable  status.     Section  4693,  Revised  Statutes 33 

COOKS  : 

Privates   to   be   detailed   as,   for   each   of   whom   two   undercooks   of   African 

descent  may  be  enlisted.    Act  March  3,  1863  (sees.  9  and  10) 34 

COPIES  OR  ORIGINALS   OF  PAPERS  : 

Regulations  and  instructions  relative  to  obtaining 205 

CORPORATIONS  : 

State  or  municipal,  not  entitled  to  reimbursement  for  expenses  of  last  sick- 
ness, etc.     Act  March  3,  1905 131 

COSTS : 

In  suits  under  section  3490,  Revised  Statutes,  by  whom  paid.     Section  3493, 

Revised    Statutes 159 

COUNTERFEIT  OBLIGATIONS  : 

Penalty  for  failure  to  deliver.     Section  172,  Criminal  Code 163 

To  be  forfeited.     Section  172,  Criminal  Code 163 

COURT  OF  CLAIMS  . 

Entitled  to  information,  etc.,  from  executive  departments,  etc.     Section  164, 

Judicial   Code 155 

COURTS,  DISTRICT  : 

Jurisdiction  of.     Section  24,  Judicial  Code 154 

COURTS,  UNITED  STATES  : 

Immunity  of  witnesses,  etc.,  statute  granting,  repealed.     Act  May  7,  1910 —       156 
CRIMES  : 

Bribery  of  judges,  judicial  officer,  or  person  authorized  to  hear ;  penalty.     Sec- 
tion 131,  Criminal  Code 169 

Bribery  of  United  States  officer;  penalty.     Section  39,  Criminal  Code 166 

Buying,  etc.,  forged  securities;  penalty.     Section  154,  Criminal  Code 162 

Conspiracy  to  commit  an  offense  against  or  to  defraud  the  United  States ;  pen- 
alty.    Section  37,  Criminal  Code 172 

Conspiracy  to  obtain  allowance  of  false  or  fraudulent  claim  ;  penalty.     Section 

35,  Criminal  Code 157 


ItfDEX.  215 

[CRIMES — Continued.  Page 
Conspiracy   to   prevent  officer  from  performing  duties;   penalty.     Section  21, 

Criminal  Code 170 

Destroying,  etc.,  public  records  ;  penalty.     Section  128,  Criminal  Code 180 

Destroying,   etc.,   public   records  by  dfncer  in   charge;   penalty.     Section   129, 

Criminal   Code   180 

Extortion — 

By  United  States  officer.     Section  85,  Criminal  Code 180 

By  informer.     Section  145,  Criminal  Code 181 

Embezzlement  by  guardian  ;  penalty.     Act  February  10,   1891,  amending  sec- 
tions 4783  and  5486,  Revised  Statutes 178 

Embezzling  public  moneys,  etc.  ;  penalty.     Section  47,  Criminal  Code 179 

Expenditures  in  excess  of  appropriations ;  penalty.     Act  February  27,   1906, 

amending  section  3679,  Revised  Statutes 176 

Failure  of  officer  to  render  account ;  penalty.     Section  90,  Criminal  Code 178 

Failure  or  refusal  to  surrender  counterfeit  obligations,  etc. ;  penalty.     Section 

172,  Criminal  Code 163 

False  acknowledgments,  etc.,  by  officer  ;  penalty.     Section  31,  Criminal  Code__  160 
False   and   fraudulent  affidavits,   etc.,   making  and  presenting;   penalty.     Act 

July  7,  1898 159 

False  certificates  by  public  officers  ;  penalty.     Section  106,  Criminal  Code 160 

False  certification  by  consular  officer ;  penalty.     Section  70,  Criminal  Code 160 

False  certification  by  executing  officer;  penalty.     Act  July  7,  1898 160 

False  claim  ;  penalty.     Section  35,  Criminal  Code 157 

False  demand  on  fraudulent  power  of  attorney ;  penalty.     Section  34,  Criminal 

Code 177 

False  entries  in  records  ;  penalty.    Act  March  4,  1911 160 

False  oath  deemed  perjury — 

Act  March  9,   1878   (sec.  3) 164 

Act  January  29,  1887  (sec.  3) 165 

Act  July  27,    1892    (sec.   3) 165 

False  personation  of  pensioner,  etc. ;  penalty.     Section  33,  Criminal  Code 177 

False   personation    of   United    States   officer ;    penalty.      Section   32,    Criminal 

Code 177 

False  reports  by  United  States  officers  ;  penalty.    Act  March  4,  1911 161 

Fees,  illegal,  agents  or  attorneys  taking ;  penalty — 

Section   5485,    Revised   Statutes 172 

Act  July  4,  1884   (sec.  4) 88,173 

Act  June  27,   1890    (sec.  4) 46,90,173 

Act  March  3,  1891 89,  174 

Act  August  5,   1892    (sec.  2) 41,91,175 

Act  April  19,   1908   (sec.  3) 65,91,174 

Act  May  28,  1908 90,  175 

Fees,  illegal,  United  States  pension  agent  taking ;  penalty.     Section  108,  Crim- 
inal Code 175 

Forging  bond,   public   record,   affidavit,   etc. ;   penalty.      Section    28,   Criminal 

Code -, 161 

Forging  deed,  power  of  attorney,  etc. ;  penalty.     Section  29,  Criminal  Code 161 

Forging,    etc.,    consular   seal   or   signature ;    penalty.      Section    1750,    Revised 

Statutes 164 

Forging,  etc.,  United  States  securities;  penalty.     Section  148,  Criminal  Code.  162 

Having  forged  papers,  etc.,  in  possession  ;  penalty.     Section  30,  Criminal  Code_  162 
Juror  or  person  authorized  to  hear,  etc.,  accepting  bribe ;   penalty.     Section 

133,  Criminal  Code 169 

Member  of  Congress  accepting,   etc.,  bribe;   penalty.      Section   110,  Criminal 

Code 167 

Member  of  Congress,  offering  bribes  to ;  penalty.     Section  111,  Criminal  Code_  167 
Member   of   Congress,    offering   consideration   to,    for   procuring,   etc.,    officers, 

etc. ;  penalty.     Section  112,  Criminal  Code 168 

Member   of  Congress   taking  compensation    in   matters   to  which   the   United 

States  are  parties  ;  penalty.     Section  113,  Criminal  Code 168 

Member  of   Congress   taking   consideration   for   procuring,    etc.,   officers,   etc. ; 

penalty.     Section  112,  Criminal  Code 168 

Officer  interested  as  agent  or  attorney   in  claim  against  the  United  States ; 

penalty.     Section  109,  Criminal  Code 166 

Passing,  etc.,  forged,  etc.,  obligations  of  the  United  States ;  penalty.     Section 

151,    Criminal    Code 162 


216  INDEX. 

CRIMES — Continued.  Page. 

Perjury ;  penalty.     Section  125,  Criminal  Code 163 

Pledging  pension  certificate  ;  penalty.    Act  February  28,  1883,  amending  section 

4745,   Revised    Statute 175 

Post-dating  vouchers.     Act  July  7,  1898_j» 159 

Receipting  for  larger   sums   than   are   paid ;   penalty.      Section   86,   Criminal 

Code 178 

Receiving,  etc.,  stolen  public  property  ;  penalty.     Section  48,  Criminal  Code 180 

Receiving  pension  certificate  as  a  pledge.     Act  February  28,  1883,  amending 

Section  4745,   Revised   Statutes 175 

Retaining  discharge  papers,  etc.,  of  discharged  soldier  or  sailor  by  attorney ; 

penalty.     Act  May  21,  1872 172 

Retaining  pension  certificates,  etc. ;  penalty.     Act  February  28,  1883,  amend- 
ing Section  4745,  Revised  Statutes 176 

Robbery   of   personal    property   of  the   United   States ;   penalty.      Section   46, 

Criminal    Code ., 179 

Subornation  of  perjury  ;  penalty.     Section  126,  Criminal  Code 165 

United  States  officer  accepting  bribe ;  penalty.     Section  117,  Criminal  Code 169 

United   States  officer   taking  compensation   in   matters   to   which   the   United 

States  are  parties;  penalty.     Section  113,  Criminal  Code 168 

Unlawfully  taking  or  using  papers  in  claim  ;  penalty.     Section  40,  Criminal 

Code 179 

Unlawful  purchase  of  public  property ;  penalty.     Section  35,  Criminal  Code 158 

Uttering,   publishing,   etc.,   forged  bond,   affidavit,  etc. ;   penalty.     Section   28, 

Criminal    Code 161 

Uttering,  publishing,  etc.,  forged  deed,  power  of  attorney,  etc. ;  penalty.     Sec- 
tion 29,   Criminal   Code 162 

Voluntary    service,    accepting ;    penalty.      Act    February    27,    1906,    amending 

Section   3679,   Revised   Statutes 176 

Witness  accepting  bribe  ;  penalty.     Section  134,  Criminal  Code 170 

CRIMINAL  CODE: 

Accrued  rights  not  affected  by  adoption  of.     Section  342,  Criminal  Code 181 

In  effect  January  1,  1910.     Section  345,  Criminal  Code 182 

Prosecutions,  etc.,  for  prior  offenses,  how  made.     Section  343,  Criminal  Code_        181 
Statutes  of  limitation  not  affected  by.     Section  344,  Criminal  Code 182 


DAMAGES  AND  FORFEITURE: 

Recovered  under  section  3490,  Revised  Statutes,  one-half  payable  to  party  pre- 
senting suit.      Section  3493,   Revised   Statutes 159 

Suits  for,  jurisdiction  of.     Section  3491,  Revised  Statutes 158 

DEAFNESS  : 

Rate  for.     Section  4698,   Revised   Statutes,  and  acts   August  27,    1888,   and 

January   15,   1903 L 51,56 

DEATH  : 

Of  pensioned  inmates  of  Government  Hospital  for  the  insane,  pension  money 
due,  how  disposed  of — 

Act  June  30.  1906 128 

Act  February  2,   1909 128,  130 

Of  pensioned  inmate  of  the  National  Home  Disabled  Volunteer  Soldiers,  pen- 
sion, how  disposed  of.     Acts  February  26,  1881,  August  7,  1882,  and  June 

25,  1910 123,  124 

Of  pensioned  inmate  of  Soldiers'  Home,  Washington,  D.  C.,  pension  money  due, 

how  disbursed.     Act  March  3,  18831 122 

Presumed  from  seven  years'  unexplained  absence.     Act  March  13,  1896 73 

DECLARATIONS  : 

Certain  informalities  corrected.     Act  July  26,  1892  (sec.  3) 82 

How  executed — 

Section  4714,  Reyised  Statutes 80 

Act  July  1,  1890 80 

Joint  resolution  September  1,  1890 81 

Act  July  26,  1892 81 

In  foreign  countries,  how  executed.     Act  July  26,  1892  (sec.  2) 81 

In  Indian  claims  may  be  made  before  a  United  States  Indian  agent.    Act  July 

26,  1892  (sec.  2) 81,82 

Regulations  and  instructions  relative  to 183 


INDEX.  217 

DEEDS  :  Page. 

Penalty  for  forging.     Section  29,  Criminal  Code 161 

DEPARTMENT  OF  THE  INTERIOR: 

Creation  of.     Section  437,  Revised  Statutes 1 

(See  also  Secretary  of  the  Interior.) 
DEPARTMENT  OF  THE  MISSOURI  : 

Officers  and  men  entitled  to  pension,  when.     Act  March  25,  1862  (sec.  2) 38 

DEPARTMENT  OF  THE  WEST  : 

Officers  and  men,  entitled  to  pension,  when.     Act  March  25,  1862  (sec.  2) 38 

DEPARTMENTS,  EXECUTIVE  : 

Court  of  Claims  entitled  to  information,  etc.,  from.     Section  164,  Judicial  Code.       155 
Persons  formerly  in,  not  to  prosecute  claims  until  two  years  after  separation 

from  service.     Section  190,  Revised  Statutes 84 

DEPENDENCE  : 

Assumption  of,  in  claims  of  dependent  relatives.     Section  4707,  Revised  Stat- 
utes, and  act  June  27,  1890  (sec.  1) 67-69 

Basis  of  title — 

Section  4707,  Revised  Statutes 67 

Act  January  29,  1887 24 

Act  June  27,  1890 46,64,69 

Act  May  9,  1900 48,  64 

Cessation  of,  terminates  pension  in  dependent  parent's  claim 67-69 

How  established,  in  claims  of  dependent  parents.     Act  June  27,  1890  (sec.  1)_         69 
DEPENDENT  RELATIVES  : 

Assumption  of  dependence,   when.      Section  4707,   Revised  Statutes,   and   act 

June  27,  1890  (sec.  1) 67-69 

Brothers  and  sisters,  claims  of.     Regulations  and  instructions  relative  to 194 

Commencement  and  continuance  of  pension  to.     Section  4707,   Revised  Stat- 
utes, and  act  June  27,  1890  (sec.  1) 67-69 

Dependence,  how  established.     Section  4707,  Revised  Statutes,  and  act  June 

27,  1890   (sec.  1) 67-69 

Father,  claim  of.     Regulations  and  instructions  relative  to __       194 

Father's  income  to  be  considered  in  determining  title,  when.     Section  4707, 

Revised   Statutes 67 

Marriage  of  dependent   mother   or   sister   terminates   pension.     Section   4708, 

Revised  Statutes,  as  amended  by  act  February  28,  1903 72 

Mother,  claim  of.     Regulations  and  instructions  relative  to 193 

Of  men  lost  in  wreck  of  Ashuelot,  12  months'  pay  to  be  deducted  from  pen- 
sions.    Act  January  29,  1887   (sec.  2) 70 

Of  officers  and  men  lost  in  wreck  of  Jeannette,  12  months'  pay  allowed  depend- 
ent relatives  to  be  deducted  from  pensions  of.     Act  January  3,  1887  (sec.  3)_         69 

Pension  allowed  only  during  dependence.     Section  4707,  Revised  Statutes 67,  68 

Regulations  and  instructions  relative  to  claims  of 

Succession  of  title  of.     Section  4707,  Revised  Statutes 67,  68 

DEPUTY  COMMISSIONER  OF  PENSIONS  : 

Appointment  and  duties  of.     Section  472,  Revised  Statutes 

Additional,  provided  for.     Act  August  5,  1882—. 
Salaries — 

Act  August  8,  1882 

Act  March  4,  1911  _  — 
DEPUTY  PROVOST  MARSHAL  : 

Pensionable  status.     Section   4693,   Revised   Statutes. _. 
DESERTION  : 

Certain  appointed  and  enlisted  men  in  the  Navy  or  Marine  Corps  relieved  from 
the  charge  of  ;  conditions — 

Act  August  14,   1888 

Act  May  24,  1900 

Certain  soldiers  and  sailors  not  to  be  deemed  deserters.     Section  4749,  Re- 
vised  Statutes 138 

Charge  of,  removed  from  the  records  of  certain  Mexican  War  soldiers;  ex- 
ceptions.    Act  March  2,  1889   (sees.  6  and  T)  — 
Charge  of,  removed  from  the  records  of  certain  volunteer  soldiers.    Act  March 

2,  1889 141 

In  time  of  war,  forfeits  pension.     Act  April  26,  1898  (sec.  6)   and  act  May 

11,   1898 

Limitation    as   to   time   of   filing  claim   for  removal   of   charge  of,   removed. 

Act  May  24,  1900  (sec.  2) 141 


218  INDEX. 

DESERTION  (MARITAL)  :  Page.  1 

Of  wife,  minor  children,  or  permanently  helpless  and  dependent  child,  one-half 

pension  payable  to,  when.     Act  March  3,  1899 120  I 

Question  of,  to  be  determined  by   Commissioner  of  Pensions.     Act  March  3, 

1899 120 

Regulations  and  instructions  relative  to  claims  for  division  of  pension  based 

on 196 

DESTROYING  PUBLIC  RECORDS  : 

By  anyone.     Section  128,  Criminal  Code 180  1 

By  officer  in  charge.     Section  129,  Criminal  Code 180  j 

DETAIL  : 

Of  clerks  from  Department  of  the  Interior  to  the  pension  committees  of  the 
House  of  Representatives,  Secretary  of  the  Interior  to  make.  Joint  resolu- 
tion February  1,  1884 135 

Of  clerks  to  act  as   special   examiners.     Section   4744,   Revised   Statutes,   as 

amended  by  act  July  25,  1882 _" 4  i 

DISABILITIES  : 

Aggregate  of,  rated  in  claims.     Act  May  9,  1900  (sec.  2) 47  | 

Examining  surgeons  to  describe  fully  in  reports.     Act  May  28,  1908 112 

Rates  for  different.     Tables  of  rates 148-150 

DISABILITY  : 

Age  made  specific.     Act  March  4,   1907 50 

By  reason  of  age,  pensionable — 

Act  January  29,   1887    (sec.   1) - 24 

Act  February  6,  1907   (sec.  1) 27,49 

Cessation  of,  terminates  pension — 

Section   4692,   Revised   Statutes 32 

Act  January  29,  1887   (sec.  2) 25 

Act  June  27,   1890    (sec.  2) 45 

Act  May  9,  1900 47 

Contracted  in  service  and   line  of  duty,   title  to  pension  for.     Section  4693, 

Revised    Statutes 32 

Contracted   since   July   27,    1868,   when   pensionable.     Section   4694,   Revised 

Statutes 42 

Contracted  while  in  Confederate  service,  not  pensionable.     Act  January  29, 

1887   (sec.  1) 24 

In  prosecuting  pension  claims,  removed  in  certain  cases.     Act  March  2,  1889 

(sec.  4) 142 

DISABILITY,  POLITICAL  : 

Imposed    by   fourteenth    amendment    to    Constitution    (Mexican    War    cases), 

removed.     Act  June  6,  1898 26 

DlSBANDMENT  : 

Of    organization,    date    of    termination    of    service.     Section    4701,    Revised 

Statutes 145 

DISBARMENT  : 

Of  agents  and  attorneys.     Act  July  4,  1884   (sec.  5) 89 

Secretary   of  Interior  to   pay  expenses  of  securing  and  preparing  testimony 

in  proceedings  for.     Act  March  4,  1911 85 

DISBURSING  OFFICERS : 

Bonds  of,  liable  for  acts  of  substitutes.     Act  March  4,  1909   (sec.  8) 6,7 

May  require  bond  of  substitute,  in  case  of  illness,  etc.     Act  March  4,  1909 

(sec.   8) 6,7 

Substitutes  authorized  in  case  of  illness,  etc.     Act  March  4,  1909  (sec.  8) 6,7 

DISCHARGE  CERTIFICATE. 

(See  Certificate  of  discharge.) 
DISCHARGE,  HONORABLE. 

(See  Honorable  discharge.) 
DISLOYALTY  : 

Not  a  bar  to  pension,  when — 

Act  March  9,  1878  (sees.  5  and  6) 19,20 

Act  January  29,  1887   (sec.  5) 25 

Act  July  27,  1892   (sec.  6)__  ___ ,__.          21 

DISTRICT  ATTORNEYS  : 

Duty  of,  as  to  cases  under  section  3490,  Revised  Statutes.  Section  3492, 
Revised  Statutes 158 


INDEX.  219 

DISTRICT  COURTS  :  Page. 
Given  jurisdiction  of  suits  for  forfeiture  and  damages  for  making  false  claims. 

Section   3491,   Revised   Statutes 158 

Jurisdiction  of,  generally.     Section  24,  Judicial  Code 154 

DIVISION  OF  PENSION: 

Payments  made  to  wife,  children,  etc.,  when.     Act  March  3,  1899 120 

Regulations  and  instructions  relative  to  claims  for 196 

DIVORCE  : 

From  second  husband  of  remarried  widow,  effect  of,  on  widow's  title.     Acts 

March  3,  1901,  and  February  28,  1903 70-72 

DOUBLE  PENSION  : 

No  person  shall  receive  more  than  one  pension  for  the  same  period — 

Section  4715,   Revised   Statutes 134 

Act  June  27,   1890 46 

Act   May   9,    1900 48 

Act   February   6,    1907 28,49 

DROPPING  NAME  FROM  PENSION  ROLL  : 

By  reason  of  adulterous  cohabitation.     Act  August  7,  1882  (sec.  2) 62 

By  reason  of  dependence  ceasing — 

Section  4707,  Revised  Statutes 67,68 

Act  June  27,   1890   (sec.   1) 69 

By  reason  of  disability  ceasing — 

Section  4692,  Revised  Statutes 32 

Act  June  27,  18901 45 

Act  May  9,   1900 , 47 

By  reason  of  election  to  take  pension  under  some  other  law.     Section  4715, 

Revised    Statutes 134 

By  reason  of  failure  to  claim  pension.     Section  4719,  Revised  Statutes 131 

By  reason  of  forfeiture  to  minor  by  immoral  conduct.     Section  4706,  Revised 

Statutes 67 

By  reason  of  fraud  in  securing  pension — 

Act  March  9,  1878  (sec.  3) 59 

Act  January  29,   1887    (sec.   3) 68 

Act  July  27,  1892   (sec.  3) 65 

By  reason  of  marriage  of  pensioner — 

Section  1656,  Revised  Statutes 16 

Section  4702,  Revised  Statutes,  as  amended  by  act  August  7,  1882 62 

Section  4708,  Revised  Statutes 70 

Section   4726,   Revised   Statutes 17 

Section   4729,   Revised   Statutes) 15 

Act  March  19,  1878    (sec.  2) 19 

Act  June  27,  1890   (sec.  3) 46,64 

Act  May  9,  1900 48,64 

Act  April  19,  1908  (sec.  2) 65 

By  reason  of  minority  ceasing — 

Section  4766,  Revised  Statutes 17 

Act  August  7,  1882  (sec.  1)  amending  section  4702,  Revised  Statutes 62 

Vet  June  27,   1890    (sec.  3) 46,64 

Act  May   9,    1900 .-  48,64 

By  reason  of  negativing  presumption  of  death.     Act  March  13,  1896 73 

By  reason  of  reentry  into  military  or  naval  service.      Section  4724,  Revised 

Statutes 136 

Commissioner  of  Pensions,  authority  and  duties  of,  in  respect  to — 

Act  June  21,  1879  (sec.  3) 110 

Act  December  21,  1893 137 

Of  minor  or  helpless  child  when   remarried  widow   is  granted  a   renewal  of 

pension,  when.     Acts  March  3,  1901,  and  February  28,  1903__                        -  71,  72 
Procedure   where  pension  by  special  act  is  secured  through  fraud.     Section 

4720,  Revised  Statutes 134 

DUPLICATE    CHECKS  : 

Secretary  of  the  Treasury  may  authorize  issue  of,  when.     Act  February  23, 

1909,  amending  section  3646,  Revised  Statutes "  117,  118 

When    officer    issuing    original    is    dead,    procedure.     Act    February    23,    1909, 
amending  section  3647,  Revised  Statutes 117, 118 


220  INDEX. 

B. 

ELECTION:  Page. 

Between    pensions    under    different    acts    permitted.     Section    4715,    Revised 

Statutes 134 

EMBEZZLEMENT  : 

By  guardian,  of  pension  money.     Act  February  10,  1891 178 

Evidence  of  conversion,  what  constitutes.     Section  95,  Criminal  Code 179 

Failure  of  officer  to  render  accounts,  constitutes.     Section  90,  Criminal  Code 178 

Of  property  of  the  United  States.     Section  47,  Criminal  Code 179 

Prima  facie  evidence  of.     Section  94,  Criminal  Code ^ 178 

Receipting  for  larger  sums  than  paid,  constitutes.     Section  86,  Criminal  Code_       178 
EMPLOYEES  : 

Authority  for  appointment.     Section  169,  Revised  Statutes 1 

ENGINEER  (NOT  REGULARLY  MUSTERED)  : 

Serving  on  gunboat  or  war  vessel,  entitled  for  disability.     Section  4693,  Re- 
vised Statutes -_ 32 

ENLISTMENT  OR  MUSTER: 

Record  of  pay,  evidence  of,  in  certain  Indian  war  claims.     Acts  June  27,  1902, 

and  May  30,  1908 22,23 

ENROLLING  OFFICER  : 

Pensionable  status  of.     Section  4693,  Revised  Statutes 32 

EVIDENCE  : 

Certificate  of  discharge  not.     Section  224,  Revised  Statutes 137 

Execution  of  papers.     Act  July  26,  1892 , 81 

Execution  of  papers  before  attorney  of  record,  effect  of 204 

Execution  of  papers  in  foreign  countries — 

Section  1750,  Revised  Statutes 163 

Act  July  26,  1892 81 

How  copies  may  be  obtained 205 

Of  citizenship  in  Indian  war  claims.     Act  February  3,  1893 23 

Of  conversion,  what  constitutes.     Section  95,  Criminal  Code 179 

Of  embezzlement,  what  constitutes.     Section  94,  Criminal  Code 178 

Of  marriage  and  of  birth 190, 191 

Of  perjury  ;  signature  of  executing  officer  proved  by  seal.     Section  1750,  Re- 
vised Statutes 16.".,  164 

Of  record  of  pay  to  show  enlistment  or  muster  in  certain  Indian  war  claims. 

Acts  June  27,  1902,  and  May  30,  1908 22,  23 

Of  service  and  discharge,  Mexican  War  service  claims.     Act  January  29,  1887, 

(sec.  3) 25 

Testimony  of  witnesses.     Regulations  and  instructions  relative  to 203 

EXAMINING  SURGEONS : 

Boards  of  three,  Commissioner  of  Pensions,  authorized  to  appoint,  to  pass  upon 

appeals  from  special  medical  examinations.     Section  4775,  Revised  Statutes-       110 
Boards  of.     (See  Boards  of  Examining  Surgeons.) 
Inspection  of  boards  of.     Act  August  8,  1882,  amending  section  4766,  Revised 

Statutes 4,  119 

EXECUTIVE  DEPARTMENT  : 

Chief  clerks  of,  to  administer  oaths  of  office  without  compensation  therefor. 

Act  August  29,  1890 3 

Clerks,  etc.,  not  to  be  transferred  until  after  three  years'  service.     Act  June 

22,  1906  (sec.  5) 8 

Contributions,  presents,  etc.,  to  superiors,  prohibited.     Section  1784,  Revised 

Statutes 8 

Detail  of  clerks,  etc.,  to  commissions,  not  authorized  by  law,  prohibited.     Act 

March  4,  1909 7 

Detail  to,  of  civil  employees  from  outside  District  of  Columbia  restricted.     Act 

June  22,  1906  (sec.  6) 8 

Disbursing  officers,  substitutes  authorized  in  case  of  illness,  etc.     Act  March 

4,   1909 6 

Head  of,  may  apply  to  United  States  Court  for  subpoana  for  witness.     Section 

184,  Revised  Statutes 5 

Head  of,  to  employ  such  number  of  clerks,  etc.,  at  such  rates  of  compensation 

as  may  be  authorized  by  Congress.     Section  169,  Revised  Statutes 1 

Head  of,  to  report  annually  expenses  of  officers  and  employees  at  Washington 

who  have  traveled  outside  of  District  of  Columbia  during  the  year.    Act  May 

22,   1908 

No  pay  for  permanently  disabled  persons.    Act  March  4,  1911 11 


INDEX.  221 

EXECUTIVE  DEPARTMENT — Continued.  Page. 

Notaries  public  employed  therein  not  to  charge  for  notarial  acts  performed  in 

office  hours.     Orders  January  5,  1905,  and  April  7,  1905 8,  9 

Notaries  public  employed  therein  to  administer  oaths  of  office  free  of  charge. 

Act  August  29,  1890 8 

Pay    of   telephone    switchboard    operators,    firemen,    watchmen,    laborers,    etc. 

Act  March  4,  1911 10 

President  may  designate  officer  to  discharge  temporarily  the  duties  of  head  of, 
when   latter   has   died,   resigned,   is   absent   or   sick.      Section   179,    Revised 

Statutes 3 

Secretary  of  the  Interior  to  pay  expenses  of  securing  and  preparing  testimony 

in  disbarment  proceedings.     Act  March  4,  1911 85 

Vacancies  in  subordinate  offices,  how  filled.     Section  178,  Revised  Statutes 2 

EXPENDITURES  : 

In  excess  of  appropriation  forbidden  ;  penalty.    Act  February  27,  1906 176 

EXPERT  : 

Commissioner  of  Pensions  authorized  to  employ.    Act  July  25, 1882  (sec.  4)_  110,  111 

Fee  of.     Act  July  25,  1882  (sec.  4) 110,111 

EXTORTION  : 

By  public  officer  or  by  one  claiming  to  be  such.     Section  85,  Criminal  Code 180 

Under  threat  of  informing  ;  penalty.     Section  145,  Criminal  Code 181 

EYES  : 

Rates  for  loss  of  both,  and  for  total  blindness.     Tables  of  rates,  No.  2 149 

F. 

FALSE  ACKNOWLEDGMENT  : 

By  officer  authorized  to  administer  oaths,  etc. ;  penalty.     Section  31,  Criminal 

Code 160 

FALSE  AND  FRAUDULENT  AFFIDAVITS  : 

Making  or  presenting;  penalty.     Act  July  7,  1898 159 

FALSE  CERTIFICATE  : 

By  consular  officer;  penalty.    Section  70,  Criminal  Code 160 

By  public  officer,  etc. ;  penalty.     Section  106,  Revised  Statutes 160 

FALSE  CLAIM  : 

Against  the  United  States ;  civil  liability  for  making  and  presenting.     Section 

3490,  Revised  Statutes 158 

Against  the  United  States  ;  penalty.     Section  35,  Criminal  Code 157 

FALSE  DEMAND  : 

On  fraudulent  power  of  attorney.    Section  34,  Criminal  Code 177 

FALSE  IMPERSONATION  : 

Of  pensioner.     Section  33,  Criminal  Code 177 

FALSE  OATH  : 

Deemed  perjury — 

Act  March  9,  1878  (sec.  3) 18,164 

Act  January  29,  1887   (sec.  3) 24,165 

Act  July  27,  1892   (sec.  3) 20,165 

FALSE  PERSONATION  : 

Government  officer  ;  penalty.     Section  32,  Criminal  Code__  177 

FATHERS : 

Pensionable  status.     Section  4707,  Revised  Statutes,  and  act  June  27,  1890 

(sec.   1) 67,  69 

Regulations  and  instructions  relative  to  claims  of 194 

FEE: 

Allowed    fourth-class    postmaster    for    administering    oaths    in    execution    of 

pension   vouchers.      Act  August  23,  1894___  117 

Allowed  rural  delivery  carriers  for  administering  oaths  in  execution  of  pension 

vouchers.     Act  June  25,  1910  (sec.  2) 117 

Amount    to   be   paid    as,    in   absence   of   articles    of   agreement.     Act   July   4, 

1884   (sec.  4) 

Attorney — 

Allowed— 

Act  July  4,   1884    (sees.   3  and  4)__  86,17 

Act  June  27,  1890   (sec.   4) -  46,90,17 

Act   March    3,    1891 

Act  April  19,  1908   (sec.  o) 65,91,174 


222  INDEX. 

FEE — Continued. 

Attorney — Continued. 

None  allowed,  when —  Page. 

Act   January   28,   1879    (sec.    4) 59 

Act  March  19,  1886   (sec.  2) 62,91 

Act  August  15,  1892  (sec.  2) 41,91,175 

Act  July  4,  1884   (sec.  4) 87,91 

Act  March  3,  1901   (sec.  2) 71,91 

Act  February  28,   1903    (sec.  2) 73,92 

Act  February  6,  1907  (sec.  3) 28,  50,  !»2  | 

Act  April  19,  1908   (sec.  3) 65,91,174 

Act  May  28,  1908 90,  175 

To  be  paid  only  upon  direction  of  Commissioner  of  Tensions — 

Act  July  4,  1884   (sec.  3) 86.  173  j 

Act  June  27,  1890    (sec.  4) 1 49,90,173 

Act  April  19,  1908   (sec.  3) 65,91,174 

Board    of    examining   surgeons,    none    paid    member    not    participating.      Act 

July  25,   1882    (sec.   4) 110,111 

Of  examining  surgeon — 

Expert.     Act  July  25,  1882  (sec.  4) 110,111 

For  examination   of  claimant's  residence,  when   out   of   corporate   limits. 

Increased.     Act  May  28,  1908 112 

Of  surgeon,  for  examination.     Act  July  25,  1882   (sec.  4) 110,  111 

Of    surgeon,    for    examination    in    a    foreign    co'mtry.      Act    July    25,    1882 

(sec.  4) 110,  111 

Of  witnesses  before  special  examiner.     Section  185,  Revised  Statutes 6 

FEE  CONTRACTS : 

Made  prior  to  passage  of  act  null  and  void — 

Act  June  27,   1902 22,92 

Act  May   30,    1908 23,92 

FEE,  ILLEGAL,  : 

Agents  or  attorneys,  demanding  or  receiving ;  penalty — 

Section  5485,   Revised   Statutes 172 

Act  July  4,  1884   (sec.  4) _  88,173 

Act  June  27,  1890  (sec.  4) 46,90,173 

Act  March  3,  1891 89,174 

Act  August   5,   1892 41,91,175 

Act  April  19,   1908 65,91,174 

Act  May  28,  1908 90,175 

United  States  pension  agent  taking ;  penalty.      Section  108,  Criminal  Code 175 

FEET: 

Rates  for  loss  of.     Tables  of  rates,  No.  2 149 

FELONIES  AND  MISDEMEANORS  : 

Distinguished.      Section  335,  Criminal  Code 182 

FELONY : 

Misprison  of,  denned.      Section  146,  Criminal  Code 181 

FLEEING  FROM  JUSTICE: 

Section  1045,   Revised  Statutes 182 

FOREIGN  CLAIMS  : 

Execution    of    declarations,    etc.     Section    1750,    Revised    Statutes,    and    act 

July   26,    1892 163,  81 

FOREIGNERS  : 

Not   entitled   to    pension,    certain    Indian    war    claims.       Act    July    26,    1892 

(sec.    1) 21 

FOREIGN  MEDICAL  EXAMINATION  : 

Surgeons,  fee  for.     Act  July  25,  1882  (sec.  4) 111 

FOREIGN  RESIDENTS  : 

Payment  of  pension  to.      Act  March  2,   1895 121 

Payment  of  pension  to,  not  made  on  power  of  attorney.      Act  March  14,  1898_       121 
FORFEITURE  OF  PENSION  : 

Abandonment  of  minor  child  or  children   by  widow,   works.      Section   4706, 

Revised     Statutes 67  ; 

Adulterous  cohabitation  by  widow,  works.     Act  August  7,  1882  (sec.  2) 62 

FORGED  OBLIGATIONS  : 

Buying,  etc. ;  penalty.     Section  154,  Criminal  Code 162 

Of  the  United  States ;  penalty  for  passing,  etc.     Section  151,  Criminal  Code—       162  , 


INDEX.  223 

FORGED  PAPERS  :  Page. 

Penalty  for  having  in  possession.     Section  30,  Criminal  Code 162 

Penalty  for  transmitting.     Sections  28  and  29,  Criminal  Code 161 

FORGING  : 

Bond,  bid  or  public  record;  penalty.     Section  28,  Criminal  Code 161 

Certificate  of  oath  ;  penalty.     Section  1750,  Revised  Statutes 163,  164 

Deeds,  powers  of  attorney,  etc. ;  penalty.     Section  29,  Criminal  Code 161 

United  States  securities;  penalty.     Section  148,  Criminal  Code 162 

FORM  : 

Blank,   for   declaration,   etc.,   to  be  furnished   by   Commissioner   of   Pensions. 

Section  4748,  Revised  Statutes 79 

Blank,  for  voucher,  Secretary  of  Interior  to  cause  suitable,  to  be  printed  and 

distributed.     Section  4767,  Revised  Statutes 116 

Of  attorney's  oath.     Section  1757,  Revised  Statutes 85 

Of  fee  contract 96 

FOURTH-CLASS  POSTMASTERS  : 

Authorized  to  administer  oaths  in  execution  of  pension  vouchers.     Act  August 

23,    1894 117 

Fee  allowed  for  administering  oaths  in  execution  of  pension  vouchers.     Act 

August   23,    1894 —        117 

FRANKED  ENVELOPES  : 

For   return   of  pension   vouchers,    Secretary   of  the   Interior   to   furnish   free. 

Act  March  4,  1909 117 

FBADD  : 

Upon  evidence  of,  in  obtaining  special  act,  Commissioner  of  Pensions  to  sus- 
pend pension.     Section  4720,  Revised  Statutes 134 

FUGITIVE  PROM  JUSTICE  : 

Statute  of  limitations  does  not  apply  to.     Section  1045,  Revised  Statutes 182 

FUNERAL   EXPENSES : 

Payment  of,  when  made  out  of  accrued  pension.  Regulations  and  instructions 

relative  to   claims  for 203 

FURLOUGH,  SICK  OR  VETERAN  : 

Disability  incurred  while  on,  line  of  duty.     Section  4700__  42 

G. 

GOOD  MORAL  CHARACTER: 

Question  of,  to  be  determined  by  Commissioner  of  Pensions.     Act  March  3, 

1899  ___' 120 

GOVERNMENT  HOSPITAL  FOR  INSANE  : 

Claim  for  share  of  pension  of  inmate  of.     Regulations  and  instructions  rela- 
tive   to 201 

Delivery  of  insane  criminals  accused  of  crime.     Section  4855,  Revised  Statutes-       156 
Disposition  of  accrued  pension  on  death  of  inmates — 

Act  February   20,    1905 

Act  June  30,   1906 

Act  February   2,   1909 

Disposition  of  accumulated  pension  on  transfer  of  inmate  to  National  Home, 
Disabled  Volunteer  Soldiers — 

Act   February   20,    1905 

Act   February   2,    1909 

Insane  persons  accused  of  crime,  confined  in,  how  supported.     Section  4851, 

Revised    Statutes 156 

Insane  persons  accused  of  crime  may  be  confined  in.     Section  4851,  Revised 

Statutes 

Pensions  of  inmates,  how  disbursed — 

Act  February  20,  1905 

Act  February  2,  1909 

Persons   becoming   insane   while   in   custody   of   United    States   officer   or   i 

prisoned,  to  be  admitted  to.     Act  August  7,  1882 

Who  entitled  to  admission  to — 

Act  August  7,    1882 

Act   February   20,    1905 

GOVERNMENT  OFFICERS  OR  EMPLOYEES  : 

Making  false  entries  or  false  reports;  penalty.     Act  March  4,  1911 

Not  to   prosecute   claims   against  the   United   States.      Section   109,   Criminal 

Code  _.  166 


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